ADVANTAGES

To avoid liability for claims of negligent hiring or retention, an employer should use reasonable care to select and retain employees who are competent and fit to perform assigned work. An employer must also refrain from hiring or retaining those who are not competent or fit to perform their jobs in a safe manner. To show that the employer breached this duty, an injured person must demonstrate that the employee who caused the injury was unfit to perform his or her assigned work and that the employer knew or should have known that the employee was unfit. Thus, if an employer lets an employee with a suspended driver’s license drive company owned vehicles or equipment, the company might be considered negligent if the employee causes an accident. The likelihood of a negligence finding increases if the employee’s license was suspended because of a prior alcohol or drug related offense and the accident occurs as the result of intoxication.

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