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Negligent Hiring & Retention

Employers have a duty to ensure the people they employ are competent for the position and duties for which they are hired. If an employer fails to check an employee’s background or properly train that person, and the employee eventually harms someone, the employer could be responsible for negligent hiring. Similarly, if an employee engages in potentially dangerous behavior once hired, an employer could be liable for negligent retention if he or she keeps the employee on the job.

What Qualifies as Negligent Hiring?

Negligent hiring occurs when an employer hires someone with a reputation or record showing a predisposition to misuse the kind of authority given by an employer, and this record would have been easily discoverable if the employer had exercised due diligence. Due diligence in the hiring process may include background checks, reference checks, credential checks, skill testing, drug testing, credit checks, and more. Too often, however, employers do not do enough of these types of checks—or none at all—before hiring someone.

Georgia Law Regarding Negligent Hiring & Retention

In Georgia, liability for negligent hiring or retention requires evidence that the employer knew or reasonably should have known of the employee’s propensity to engage in the type of conduct that caused injury to another. Specifically, in order to bring a successful claim for negligent hiring or retention, a plaintiff must show:

  1. The employer did not exercise reasonable care in hiring the worker, such as conducting a criminal history records check or background check.
  2. The employee had dangerous tendencies, which would have been apparent if the employer had screened the employee. For example, when a position involves driving responsibilities, there should be a policy for checking motor vehicle records to see if a potential candidate has any history of unsafe driving.
  3. The employer placed the employee in a position where others could be injured.

Some industries see more occurrences of negligent hiring and retention than others, such as care-giving to dependent children and adults, nursing homes, real estate, rental apartment and condominium companies, delivery companies, and service and maintenance companies. These industries require personnel who are ethical, competent and responsible. Unfortunately, too often, people are hired who have a history of decidedly dishonest, unscrupulous, and even illegal behavior. When such people are hired, employers are putting their customers, clients, other employees, and the public at risk of harm.

Contact the Legal Team at KWFDM for More on Negligent Hiring

If you think you may have been injured due to negligent hiring or retention, please contact Katz Wright Fleming & Dodson, LLC at 404-460-0101. Tell us about your experience during a free initial consultation. We can help determine if you have a claim for compensation against an employer or business.

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I was in a head-on collision last year that put me in a wheelchair with a fractured femur. I needed an attorney and my cousin recommended this firm because he had used Briant Mildenhall for his accident. I was glad I called Briant because he always did what he said he would do and kept me informed. We settled with the insurance company and I'm happy with the result. If someone I know needs an attorney, I will tell them to call Briant because he will get the job done. Michael G.
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After a head–on collision I had extremely serious injuries to my back and neck, and some internal injuries. I was airlifted to the hospital and started a huge amount of medical expenses accumulating. I hired a lawyer recommended by a friend but I was not satisfied. My cousin told me about this firm so I talked to Briant Mildenhall about handling the case. I was at ease from the get–go. Briant kept me informed all the way through, was always reassuring and did everything he said he would do. He helped us get the money we needed to get the treatment we needed. Briant was fantastic! Ronda W. (Car Accident)
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I was in a car accident that was complicated from the start. I looked on the internet and called a few different lawyers but they turned me down after they heard my story. When I called this firm Lyn Dodson asked me to talk to her in person. I met with Lyn and Rob Katz and after hearing my story they were confident I had a case. They vigorously pursued my case and over time we built a trusting relationship. Lyn even took time to help me with the traffic issues and other aspects of the case. They were always on my side and talked to me about the advantages and disadvantages of my options... Robert W. (Car Accident)
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I would recommend the law firm of Katz Wright Fleming Dodson & Mildenhall LLC. Lyn Dodson was my attorney after my auto accident. I had confidence in her legal abilities and experience. She did a very good job for me. She was always there to answer the many questions I asked. The firm is very professional. Lyn always gave you her undivided attention. The firm, especially Lyn, worked with you like a long time friend. Joe B. (Auto Accident)
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I am 100% satisfied. I called Rob the day after the accident. Everything he said that would happen did, every step of the way. He went beyond what we needed him to do. I would definitely use him again and recommend him to anyone who needs a lawyer. Steve H.
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Robert Katz isn't your average personal injury lawyer. He has specialized knowledge and experience that the others don't. Timothy W. (Trucking Accident)
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I have nothing but good and positive things to say about Rob. One of the unique things about my case was that I was involved in a bicycle accident with another biker. He took an unorthodox case between two bicycle riders and he could see the logic and liability in it. I was very happy with the result. Rodney H. (Bicycle Accident)
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We just loved him to death. He acted like he cared about us, not just our case. He kept us posted on everything. He even called us on Sundays to update us. My case involved a rear-end collision where I had herniated disks and I had had a prior back injury. Complicated as it was, we were very happy with the outcome. Kathy H. (Car accident)
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Throughout the course of my case, Mr. Katz kept me informed about its status, returned my telephone calls and was very attentive to my needs and concerns. Simply put, he cared not just about my case, but about me. Joseph B.
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I was, and still am, extremely satisfied with Rob's work and with the outcome of my case. Rob strives to be there for his clients, and I was no exception...I would happily recommend Rob to anyone who is seeking legal assistance after suffering a severe injury. Joey E.
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