White Paper

How Can Motor Carriers Reduce Their Potential Liability for Negligent Hiring and Retention?

How Can Motor Carriers Reduce Their Potential Liability for Negligent Hiring and Retention?

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Negligent hiring and negligent retention claims are becoming increasingly more common in the trucking industry. Both the frequency and size of large verdicts has increased exponentially.

Trucking companies have a legal duty to hire competent drivers. Almost all states allow negligent hiring and negligent retention claims.

  • Negligent hiring occurs when an employer hires an incompetent or unfit employee, who knows or by exercising reasonable care should have known was unfit and posed a risk to the general public.   
  • Negligent retention occurs when an employer becomes aware of or should have been aware of problems with an employee and takes no action.  

Download this free, whitepaper written by Littler Mendelson, Employment and Labor Law experts. This paper reviews specific case examples and explains how companies can potentially reduce their exposure for negligent hiring and retention claims by conducting background checks that are more extensive than those checks currently required by the Federal Motor Carriers Safety Regulations (FMCSA).  

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