Question 1

What is negligent hiring in Florida?

Accepted Answer

Negligent hiring occurs when an employer hires an employee who the employer knew, or should have known, posed a foreseeable risk of harm to others. In Florida, negligent hiring requires: the employer owed a duty to the plaintiff (the plaintiff was foreseeably at risk from the employee’s conduct), the employer knew or should have known of the employee’s dangerous propensities (through a reasonable background check), the employer’s failure to investigate was a proximate cause of the plaintiff’s injury, and the plaintiff suffered damages.

Question 2

What duty does a Florida employer have to investigate applicants?

Accepted Answer

Investigation duty: Florida employers have a duty to conduct a reasonable investigation of applicants, including: criminal background checks (especially for positions involving contact with the public, access to homes, or supervision of children), verification of employment history, reference checks, driving record checks (for positions involving driving), and professional license verification (for licensed positions). The scope of the investigation depends on: the nature of the position (higher-risk positions require more thorough investigation), the employer’s knowledge of red flags (if the application reveals gaps or concerning information, further investigation is warranted), and the industry standard (what similar employers do). Section 768.096 provides a statutory defense: an employer who conducts a background check is presumed to have exercised reasonable care in hiring.

Question 3

What is the relationship between negligent hiring and respondeat superior in Florida?

Accepted Answer

Relationship: respondeat superior holds the employer vicariously liable for the employee’s acts committed within the scope of employment (the employer is liable even if the employer did nothing wrong). Negligent hiring holds the employer directly liable for its own negligence in hiring (the employer is liable because it failed to exercise reasonable care). The distinction matters because: respondeat superior requires that the employee’s act was within the scope of employment (if the employee was acting outside the scope, respondeat superior does not apply). Negligent hiring can apply even when the employee was acting outside the scope of employment (as long as the employer’s negligent hiring was a cause of the harm).

Negligent Hiring Employer Liability

Negligent Hiring and Employer Liability in Florida

Requirements

Investigation Duty

vs. Respondeat Superior

Related Terms

Barnes Walker Employment Law

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