Past misconduct of the employee is primary indicator of the employer's negligence.
Courts also consider the nature of work for which the employee is hired.
Therefor, the standard of due diligence expected of an employer in its hiring practices generally depends on the employee's anticipated contact with others in carrying out the normal duties of employment. The employer's required standard of care increases substantially when the employer anticipates the employee will have greater contact with the public. This enhanced duty of care is also triggered when the nature of the employment fosters close contact and a special relationship between particular persons and the employee. A plaintiff who alleges negligent hiring must first establish that the employer owed the plaintiff a duty to hire and retain only fit employees. A duty exists when there is some association or connection between plaintiff and employer.