Does your organization conduct background checks of your prospective employees before they step foot through your door? If not, have a read of Charles Krugel's post on Employee Screening and Risk Assessment.
The claim of negligent hiring has not been used with the same frequency in Canada as it has in the United States. There is no reason, however, to assume that, in the appropriate circumstances, it will not be used since it is merely a derivative of negligence generally.
These cases highlight several key elements regarding the tort of negligent hiring. This tort is based upon the theory that an employer has a duty to protect its employees and customers from other employees that the employer has reason to believe, or should have reason to believe, pose a threat to others. This duty is breached when an employer fails to exercise reasonable care in its hiring process in that information it should have sought would have revealed a foreseeable risk. More succinctly, an employer is liable if:
- It failed to exercise reasonable care in its hiring process
- Such negligence was a cause of harm, and
- A reasonable employer should have foreseen such injury or harm.
There are only a couple of cases that have considered this issue in Canada. It's, of course, important to follow all legal requirements in your jurisdiction before conducting background checks.
