Hiring the right people is one of the most important things you do as a business owner—and one of the easiest places to reduce legal risk. In Utah, employers can face negligent hiring claims when they fail to take reasonable steps to screen applicants and that failure leads to foreseeable harm. The goal is not perfection. It’s reasonable, consistent hiring practices.
What Is Negligent Hiring?
Negligent hiring means an employer knew or should have known that an employee was unfit for a particular job, and that the lack of reasonable screening contributed to someone being harmed.Examples:
- A delivery driver with a known history of unsafe driving causes a serious crash.
- An employee with a prior theft-related conviction steals from a customer.
- A caregiver harms a vulnerable client, when a simple background check would have revealed a related offense.
In each case, the focus is on what the employer did—or didn’t do—before the hire.
What Employers Should Do
Match screening to the job. The higher the risk of harm, the more screening is appropriate. Jobs involving driving, money, safety, or close contact with others justify more careful inquiry than low-risk roles.Verify key information. Confirm job-related basics such as relevant work history and the status of required licenses or certifications. You don’t need to investigate everything—just what reasonably matters for the role.Use background checks when appropriate. Background checks by third-party providers can be a useful risk-management tool, especially for driving positions, roles with access to money, homes, or sensitive information, and jobs involving vulnerable populations.
What Employers Should Avoid
Don’t ignore red flags. Negligent hiring claims often succeed because an employer noticed warning signs and hired anyway.Don’t overreach. Avoid questions about protected characteristics that don’t relate to job requirements, such as religion, national origin, or family status. These questions increase discrimination risk without improving safety.Apply the same screening standards to all applicants for the same role. Consistency protects your business from discrimination claims.
Bottom Line
Negligent hiring liability in Utah is about reasonableness. Employers are not expected to predict the future, but they are expected to use common sense. A thoughtful, job-related hiring process helps protect your customers, your employees, and your business. If you would like help reviewing your hiring or background check process, let us know.
