How To Prove A Florida Negligent Hiring and Supervision Claim
In Florida, a claim of Negligent Hiring and Supervision is defined as:
Negligent Hiring holds an employer liable for harm caused by an employee if the employer failed to exercise reasonable care when hiring or retaining that employee. Negligent Supervision holds an employer responsible for failing to adequately oversee, manage, or control the actions of their employees while performing their job duties.
It simply means:
When a care giver or supervisor does not properly monitor the person they are responsible for.
There are 5 elements of the claim:
- Element 1. The employer (defendant) was required to make an appropriate investigation of the employee. The employer must thoroughly check a potential employee’s background and qualifications to ensure they are fit for the job, as failing to do so can lead to legal claims if the employee later causes harm or acts irresponsibly.
Facts that might support this element look like:
* The employer received multiple complaints about the employee’s inappropriate behavior from coworkers prior to the incident in question.
* The employer had access to the employee’s prior employment records, which indicated a history of similar misconduct.
* The employer failed to conduct any background checks despite the nature of the employee’s position requiring a high level of trust.
* The employer did not follow up on red flags raised during the employee’s initial training period, which included concerning comments made to clients.
* The employer had a policy in place for investigating employee misconduct but did not adhere to it in this case. - Element 2. The employer failed to conduct the appropriate investigation of the employee. The employer did not properly look into the employee’s background or behavior, which is a key part of proving that they were careless in hiring and supervising that employee, potentially leading to harm or misconduct in the workplace.
Facts that might support this element look like:
* The employer received multiple complaints about the employee’s inappropriate behavior but did not initiate any formal investigation.
* The employer failed to review the employee’s prior work history, which included documented incidents of misconduct.
* The employer did not interview witnesses who were present during the alleged incidents involving the employee.
* The employer neglected to implement any corrective actions or training after being made aware of the employee’s troubling conduct.
* The employer’s human resources department was not involved in addressing the complaints against the employee, indicating a lack of proper oversight. - Element 3. An appropriate investigation would have revealed the unsuitability of the employee for the particular duty to be performed or for employment in general. This means that if the employer had properly checked the employee’s background or qualifications, they would have discovered that the person was not fit for the job or for working at all, which could have prevented potential harm or issues in the workplace.
Facts that might support this element look like:
* The employee had a history of disciplinary actions at previous jobs, indicating potential unsuitability for the role.
* Background checks revealed multiple incidents of misconduct that were relevant to the duties required.
* The employee’s prior performance reviews consistently highlighted issues with reliability and professionalism.
* Colleagues reported concerns about the employee’s behavior that were not addressed during the hiring process.
* The employee had previously been terminated for similar conduct, which should have raised red flags during the hiring process. - Element 4. It was unreasonable for the employer to hire the employee in light of the information the employer knew or should have known. It was unfair for the employer to hire the employee because the employer had information, or should have had information, that suggested the employee might pose a risk or not be suitable for the job.
Facts that might support this element look like:
* The employer was aware of the employee’s prior criminal record involving violence, which should have raised concerns about their suitability for the position.
* The employee had previously been terminated from a similar role due to complaints of inappropriate behavior, which the employer failed to investigate.
* The employer neglected to conduct a thorough background check, despite industry standards requiring such due diligence for positions involving vulnerable populations.
* Multiple references provided to the employer indicated that the employee had a history of unprofessional conduct, which the employer chose to disregard.
* The employer received complaints from coworkers about the employee’s erratic behavior prior to the incident, indicating a pattern of concerning conduct. - Element 5. The plaintiff suffered loss or damage as a result of the defendant’s actions or inactions. The plaintiff experienced harm or financial loss because of the defendant’s failure to properly hire or supervise an employee, leading to actions that caused the plaintiff’s injury or damage.
Facts that might support this element look like:
* The plaintiff was injured when the employee, who had a history of violent behavior, assaulted them on company premises.
* The plaintiff incurred medical expenses due to injuries sustained as a result of the defendant’s failure to properly screen the employee’s background.
* The plaintiff lost wages due to time off work required for recovery from the injuries inflicted by the inadequately supervised employee.
* The plaintiff experienced emotional distress and psychological trauma following the incident, which was directly linked to the defendant’s negligent hiring practices.
* The plaintiff’s property was damaged during the incident, resulting in additional financial loss attributable to the defendant’s lack of oversight.
(See Malicki v. Doe, 814 So.2d 347, 362 n. 15 (Fla.2002) (internal citations omitted). Garcia v. Duffy, 492 So.2d 435, 438-39 (Fla. 2d DCA 1986).)
If you’re in court without a lawyer and plan to assert a claim of Negligent Hiring and Supervision, it’s essential to engage in a Personal Practice of Law at Courtroom5. You’ll need to make critical decisions about what to file at each phase of your case and prepare legal documents that are supported by thorough legal research and a strong analysis of the facts. This proactive approach will help you effectively navigate the complexities of your case.
Prove Your FL Negligent Hiring and Supervision Claim
U.S. Civil Cases Only