New developments concerning negligent hiring

Workplace violence has become a national issue in recent years. Statistics have shown an alarming trend of workers injuring or killing other workers. Amid this chaos, a new legal concept is emerging called “negligent hiring”. This law requires employers to thoroughly investigate the background of job applicants to determine if candidates have propensity for violence. Employers are negligent if they fail to follow this requirement. Nevertheless, as a law, negligent hiring is flawed. In substance, it is vague and broad, and in application, it lacks the flexibility to adopt into dynamic of the employment market. Compounding this deficiency are the judges’ lack of concern for the unintended impact of their rulings. These two problems could mean that the law of negligent hiring itself could become a public issue if not addressed by the courts in the near future.