You Got Fired on Your Day Off? Court of Appeals Affirms Stringent Requirements for Negligent Hiring Claims

In Banda-Tavarez v Elwood Staffing Services, Inc., et al., unpublished opinion per curiam of the Court of Appeals, issued August 20, 2020 (Docket No. 350022), this case demonstrates the strict elements of a negligent hiring claim. Also, unless it can be proven that the employer knew or should have known of the employee’s incompetence and the dangers the employee may subject the general public to, a negligent hiring claim will not survive.

Banda-Tavarez further demonstrates that there is no duty in Michigan to check an employee’s driving record when the position does not require driving and/or a valid driver’s license. However, dicta from this unpublished case implies that under different factual circumstances, such as employing for a position that requires driving, there may be a duty to check a potential employee’s driving record and/or status as a legal driver.

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