Like any employer, contractors can be held liable for the willful misconduct of their employees, even if the employees’ actions occur outside the scope or place of employment. So goes the warning from Tony Raker, vice president of Communication for American Background Information Services, Inc., a federally regulated consumer reporting agency based in Winchester, VA.
“This form of liability is defined by the legal theories of negligent hiring and retention,” said Raker. “While these theories are not necessarily new, what is worthy of notice is the increase in negligent hiring and retention claims.”