Under state law, a negligent hiring claim may not be filed solely on evidence that an employer’s employee, agent, or independent contractor had been convicted of a public offense (IA Code Sec. 671A.1). Evidence of a past conviction may be used as part of a negligent hiring claim, but it cannot be the sole proof.
There is no protection under the law if the following criteria are met:
• The employer knew or should have known of the conviction; and
• The employee was convicted of any of the following:
An offense committed while performing duties substantially similar to those expected in the job (taking into consideration the nature and seriousness of the crime, the extent and nature of past criminal activity, the employee’s age when the crime was committed, the amount of time that has elapsed since the employee’s last criminal activity).
A serious crime, including sexual violence, dependent adult abuse, murder, felony assault, domestic abuse assault, kidnapping, and robbery.
In addition, there is no protection when the lawsuit concerns the misuse of funds or property of a person other than the employer, the employee had been convicted of fraud or the misuse of funds, and it was foreseeable that the job for which the employee was hired ...