Negligent Hiring or Retention

• The doctrine of negligent hiring provides that an employer whose employees are brought in contact with members of the public in the course of the employer's business has a duty to exercise reasonable care in the selection and retention of employees. Negligent retention occurs when, during the course of employment, the employer becomes aware or should have become aware of problems with an employee that indicated his unfitness, and the employer fails to take further action such as investigating, discharge or reassignment. Foster v. Loft, Inc., 26 Mass. App. Ct. 289, 290-291 (1988)


• The doctrine of negligent hiring and retention may apply to independent contractors where the hiring entity possesses actual knowledge of the independent contractor's past misconduct and as a result owes a duty to the public to take sufficient action to avoid preventable harm. Copithorne v. Framingham Union Hospital, 401 Mass. 860 (1988)