Negligent Hiring

Many states, including the state of Florida, have approved statutes that create presumption against negligent hiring when employers take certain pre-employment screening steps. Employers who follow the steps are NOT presumed negligent if the background investigation fails to reveal any information that demonstrates the unsuitability of the applicant for the particular work to be performed or for employment in general. In Florida, for example, these prescribed steps are:

• Ordering a Florida state criminal record
• Taking reasonable efforts to contact past employers
• Ordering a driving record (if it is relevant to the work to be performed)
• Interviewing the applicant
• Having applicants complete an employment application that elicits the following information:
• Convictions of crimes, including type, date, and penalty imposed
• Whether the applicant was a defendant in a civil action for an intention tort, including the nature and disposition of the action

Nothing in the legislation requires employers to adopt new procedures. It does reward those above average employers who are already using their best efforts to hire safe, responsible employees. It is our hope that other states, if they haven’t already, will adopt similar laws.