What term describes the responsibility of an employer for hiring an unsuitable employee?

The term that describes the employer's responsibility for hiring an unsuitable employee is negligent hiring. This concept applies when an employer fails to exercise reasonable care in the hiring process, leading to the recruitment of a candidate who may pose a risk to others, including co-workers or clients.

Negligent hiring liability can arise when it is determined that the employer did not conduct adequate background checks, reference checks, or interviews that would have revealed the candidate's unsuitability. If an improperly hired employee subsequently engages in harmful behavior or misconduct, the employer may be held liable for the negative consequences stemming from that hiring decision. This term emphasizes the importance of diligence and care in the selection process to avoid potential harm or legal repercussions.

In contrast, terms like contractual liability relate more to agreements between parties rather than the hiring process, while employee misconduct addresses the actions of an employed individual after they have been hired. Workplace negligence involves broader issues that may not specifically pertain to the hiring practices themselves. Therefore, negligent hiring is the most accurate term regarding the responsibility of an employer for hiring a candidate who is unsuitable for the role.