In Illinois, employers have a duty to act reasonably in hiring and retaining their employees. An employer who negligently hires or retains an employee may be liable for injuries caused by that employee even if the employee is acting outside the scope of employment. Of course, this doctrine has to have some limit. Otherwise, employers would be responsible for practically any injury committed by one of its employees, even if it is only tangentially related to the fact of employment. However, courts have struggled to define that outer limit. Particularly when faced with horrific injuries, courts may be tempted to push the boundaries of negligent hiring and retention further and further out.
Philip F. Vieira,
Your Supervisor As Your Chattel: Broadening the Scope of Negligent Hiring and Retention in Illinois,
Seventh Circuit Rev.
Available at: https://scholarship.kentlaw.iit.edu/seventhcircuitreview/vol13/iss1/11