May 2, 2022

Negligent hiring and, or, retention of employees

One of the issues considered by the Appellate Division in this action was the Plaintiff's allegation that the employer was negligent in its appointment and retention of certain employees.

A majority of the court, Judge Friedman dissenting in part in a separate Opinion, sustained this branch of Plaintiff's cause of action, noting:

1. "A cause of action for negligent hiring and retention requires allegations that an employer knew of its employee's harmful propensities, that it failed to take necessary action, and that this failure caused damage to others;

2. "The cause of action does not need to be pleaded with specificity; and  

3. "Liability for negligent hiring and retention does not require a special relationship between the defendant and the alleged victim."

Further, opined the Appellate Division, "[l]iability for negligent hiring and retention is not limited to employees' actions within their scope of employment," explaining it obtains where the employer's negligence is a proximate cause of a plaintiff's injury.

Click HERE to access the Appellate Division's opinion.

CAUTION

Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the decisions summarized here. Accordingly, these summaries should be Shepardized® or otherwise checked to make certain that the most recent information is being considered by the reader.
THE MATERIAL ON THIS WEBSITE IS FOR INFORMATION ONLY. AGAIN, CHANGES IN LAWS, RULES, REGULATIONS AND NEW COURT AND ADMINISTRATIVE DECISIONS MAY AFFECT THE ACCURACY OF THE INFORMATION PROVIDED IN THIS LAWBLOG. THE MATERIAL PRESENTED IS NOT LEGAL ADVICE AND THE USE OF ANY MATERIAL POSTED ON THIS WEBSITE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.
Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material in this blog is presented with the understanding that neither the publisher nor members of the staff are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is advised to seek such advice from a competent professional.