§ 6.7.4 INTRODUCTION

• Jurisdiction: Arizona

§ 6.7.4 Introduction. Claims alleging negligent hiring, training, supervision, or retention may be filed by third parties who are injured by an employee. The claims arise when an employee allegedly assaults, injures, or sexually abuses a co-worker or customer. The injured third party asserts that the employer either negligently failed to conduct background checks, which would have revealed previous violent or illegal behavior, or negligently failed to train or supervise the employee. To hold an employer liable for negligent supervision or retention, a plaintiff must prove that: (1) an incompetent employee committed a tortious act that injured plaintiff; and (2) that prior to the act, the employer knew or should have known of the employee's incompetency.⁶ The essence of the negligent hiring claim is that, if the employer had exercised due care and learned of a potential employee's background, the employee would not have been hired and the injury would not have occurred. Similarly, negligent training and supervision claims assert that, had the employer exercised due care in training and supervising the employee, the injury could have been prevented.

The tort of negligent hiring or negligent supervision is distinguished from the established legal doctrine of respondeat superior. It is well-settled that for an employer to be liable under the doctrine of respondeat superior, the employee must be acting within the scope of his or her employment and in the furtherance of the employer's business when...