Linnertz outlined some "negligent hiring" problems at the 2004 ACCA Conference, noting that an employer has the duty to protect its employees and customers from injuries caused by employees whom the employer knows or "should have known" pose a risk of harm to others. Likewise, an employer may be held liable for failing to investigate, discharge, or reassign an employee, Linnertz said.

"If you go to court and you haven't asked questions about your employee, you will lose your company," he emphasized. He added that lawsuits filed under "negligent hiring" have resulted in increasingly higher awards to plaintiffs in recent years.