In an action for negligent hiring, under Florida negligence law, there is a duty among private employers who hire, retain, or supervise employees whose negligence or intentional acts in positions of employment can foreseeably cause injuries to third parties. The ultimate question of liability is to be determined is whether it was reasonable for an employer to permit an employee to perform his or her job in light of the information about the employee that the employer knew or should have known. In determining the responsibility of an employer to try to learn the relevant facts concerning an employee's character the trier of fact will likely examine the following:

• Consideration should be given to what kind of inquiry would be reasonable under the circumstances;
  
  

  What information the employer would likely obtain if it makes such an inquiry; and

  What the cost is for obtaining such information.

  For example, if an employer gives an employee authority to enter into the living quarters of others, that employer has the responsibility of first making an inquiry with respect with whether it is safe to do so. On the other hand, when an employee is hired to work outside with only incidental contact with others, it is ordinarily sufficient to obtain past employment information and personal data, unless circumstances dictate otherwise, there is no need to make an independent inquiry into the employee's past. Additionally, because an employer cannot legally obtain information concerning arrest records not resulting in convictions from a prospective employee, an employer's failure to do so cannot be considered negligent hiring.

  A claim for a negligent hiring can be a complex, expensive, and an emotionally charged action. Therefore, a plaintiff should make sure that he or she consults with an experienced West Palm Beach negligent retention lawyer. If you believe you have a claim for negligent retention you need an experienced West Palm Beach negligent retention lawyer. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.