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Negligent Hiring and Retention

Claims Involving Negligent Hiring and Retention

Finding qualified employees can be a real challenge for employers. Companies usually have to make hiring decisions about people they don’t know personally. But if a business employs someone that it knows (or should have known) was unsuitable for the job, the business may be liable for the damages that the employee causes.

At The Reddy Law Firm, P.C., we take negligent hiring and retention seriously. Employers can’t read minds or predict the future, but the law does require that they exercise basic levels of responsibility and care.

Whether you’ve been the victim of an employee’s irresponsible behavior or you’re a company facing an frivolous negligence claim, an Atlanta employment law attorney can help you understand the law on negligent hiring in Georgia — and how it might apply to you.

Negligent Hiring in Georgia

Under Georgia employment law, employers can be held liable for hiring someone that they know — or, in the exercise of reasonable care, should know — is unsuitable for the job.

Whether or not the employee is unsuitable depends on the facts and circumstances of the hiring, as well as the nature of the job. Generally, an employee isn’t unsuitable just because they aren’t particularly good at their job. Rather, there must have been some indicator that this person would be unsuitable or dangerous, or may put other people at risk.

Negligent hiring often arises in connection with jobs that involve specialized training and/or potential danger to the public. This includes company drivers who cause auto accidents on public roads. Common examples of negligent hiring in Georgia include:

• Hiring someone to drive a company vehicle even though the person has multiple infractions on his/her driving record.

• Hiring someone to perform a job that requires a license even though the person’s license is not in good standing.

• Failing to verify the authenticity of degrees, certifications, or licensures in jobs where those credentials are required.

• Failing to perform criminal checks, credit checks, or drug tests for jobs where the results of those tests would be relevant to the employee’s performance.

• Failing to investigate obvious discrepancies in a prospective employee’s job application.

In these cases, the employer may be liable for damages that result from the employee’s actions. Similarly, if a company properly hires someone who is qualified but then becomes unsuited for the job later, the company may be liable for negligent retention for failing to fire the employee.

How an Atlanta Employment Law Attorney Can Help

Determining whether Georgia’s negligent hiring and retention laws apply is best left to an experienced employment lawyer.  Employers can proactively protect themselves from negligent hiring claims by consulting with an Atlanta employment law attorney to ensure that their hiring practices are sufficiently diligent.

Likewise, an experienced lawyer can help injured people seek compensation for injuries caused by an employee who was negligently hired or retained. No one should assume they do not have a case without first consulting an Atlanta employment lawyer.

Find Out How the Law Applies in Your Situation

If you have questions about negligent hiring in Georgia, please contact The Reddy Law Firm, P.C. today at (678) 629-3246.  Our firm has years of experience in advocating for both employers and innocent victims throughout the state of Georgia, including Atlanta, Johns Creek, Roswell, Suwanee, and Marietta.