Negligent Hiring: Are Hospitals Vulnerable?

Abstract

Historically, an employer has been held liable for the criminal acts of his employee if one could show that the employee was acting within the scope of his/her employment. Today, an employer can be held liable for crimes committed by an employee even if those actions are not job-related. Injured persons are mow claiming that employers are guilty of “negligent hiring.” They contend that employers are liable for damages caused by their employees if they fail to conduct a thorough pre-employment background investigation of employees who later commit crimes. Health care facilities and other organizations that invite the public onto their premises have a heightened responsibility to protect their patients and guests from the criminal acts of their employees. Yet one study shows that only one in five hospitals checks the criminal records of job applicants. In many instances, employers who attempt to investigate the backgrounds of job applicants are thwarted in their efforts by previous employers who refuse to divulge vital information. More and more, employers who provide “damaging” information on job applicants find themselves being sued for invasion of privacy.