Negligent Hiring and Criminal Rehabilitation: Employing Ex-Convicts, Yet Avoiding Liability

Abstract

In the attached article, I seek to make two contributions. First, I argue that states should make negligent-hiring laws clear for employers, so they know when they may hire an ex-convict and avoid liability. Second, I argue that states should allow employers to refuse to hire ex-convicts based solely on their status as ex-convicts. Some articles and states - e.g., New York and Wisconsin - perpetuate the idea that state law should require employers to hire ex-convicts to help them reintegrate into society. I argue that if states made negligent-hiring law clear for employers, they would know when they could hire an ex-convict yet avoid liability and would thus be more likely to hire ex-convicts. So instead of states effectively forcing employers to hire ex-convicts, employers will be more likely to hire more ex-convicts when employers know what steps they can take to avoid a negligent-hiring suit.