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Negligent hiring: lessons from a $21.5M Baltimore verdict

Negligent hiring is a claim that an employer is responsible for harm caused by a worker it knew, or should have known, was unfit for the job. In Baltimore, a jury awarded two tenants $21.5 million against the companies that owned and managed their building, after the owner testified that he did not check the background of the maintenance worker who attacked them.

Based on reporting by Associated Press via Insurance Journal and CBS News Baltimore. All sources

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Close-up of a maintenance worker's hands on a pipe fitting under a kitchen sink
Illustrative photo: cottonbro studio / Pexels

The owner of a Baltimore rental building paid a man to cut grass and handle maintenance. He let him live in one of his apartments. He did not check his background.

The man was Jason Billingsley, a registered sex offender released on parole in October 2022. In September 2023 he attacked two tenants of that building, then days later killed Baltimore tech founder Pava LaPere. He pleaded guilty in 2024 and is serving life sentences.

In late 2025, a Baltimore jury awarded the two tenants $21.5 million, including $10 million in punitive damages, against the companies that owned and managed the building. The tenants' lawsuit argued that the companies neglected basic background vetting. The defendants have said they plan to appeal.

This is what negligent hiring looks like when it reaches a courtroom. It is not a paperwork issue.

It is the question a jury asks after someone is hurt: what did you know, and what should you have known?

What negligent hiring means

Negligent hiring is a claim that an employer is responsible for harm caused by a worker because the employer knew, or should have known, that the person was unfit for the job and hired them anyway. Rules differ by state, but claims usually turn on the same questions:

  • Was there an employment or similar working relationship?
  • Was the worker unfit for the role, given what the job allowed them to do?
  • Did the employer know, or would a reasonable check have revealed, that unfitness?
  • Did the worker cause the harm, and was it connected to the job?

A related claim, negligent retention, covers a worker who becomes a known risk after hiring and is kept on anyway.

The phrase that matters is "should have known." A jury does not need proof that the employer saw a record. It asks whether a reasonable employer, for that job, would have looked.

The Baltimore timeline

From release to verdict
  1. A public record

    Convictions for assault and a sex offense; listed on the sex offender registry.

  2. Released on parole

    Released early from a prison sentence with good-time credits.

  3. Paid for maintenance work

    The building owner later testified he met him at a bar, let him live in an apartment and paid him for odd jobs without checking his background.

  4. Tenants attacked

    Posing as building maintenance, he attacked two tenants. Days later he killed Pava LaPere.

  5. Guilty pleas

    He pleaded guilty to both attacks and received life sentences.

  6. Civil verdict

    A Baltimore jury awarded the tenants $21.5M against the owner and the management company, which plan to appeal.

$21.5Mawarded to two tenants, including $10M in punitive damages

Three lessons for employers

1. Access to people's homes raises the bar

The work itself was ordinary: grass, repairs, a reported kitchen leak. The risk came from what the role allowed. A maintenance worker can knock on a tenant's door and be let in. The same is true of cleaners, technicians, movers, caregivers and many delivery roles.

When a job puts a worker alone with customers, inside homes or with keys, the screening should match that access. For in-home roles, that usually means identity verification, a sex offender registry search, national and county criminal searches, and, for driving roles, a motor vehicle record.

2. "He wasn't really an employee" may not be a defense

At trial, the building owner disputed that the man was an employee. He was paid for odd jobs and given a place to stay. The jury still awarded damages against the owner and the management company.

Informal arrangements create the same exposure as a formal hire when the person acts for you and customers trust them because of it. Contractors, day labor and helpers who work under your name belong in the same screening policy as staff.

3. Speed is not a reason to skip the check

Small operators often skip screening because they need someone this week. Automated checks have changed that trade-off: the basic searches for an in-home role usually return within minutes, not weeks.

The PROFID version

How PROFID would have handled this hire

Here is the same hire run through a standard PROFID in-home package, before the worker gets a key or a tenant list.

  1. Invite. The owner enters the worker's name and email and picks the in-home package for maintenance roles. The worker gets a link on his phone.
  2. Consent. The worker reads the disclosure and signs the authorization in the PROFID flow. Nothing is ordered without it.
  3. Identity first. Identity verification confirms that the person applying is the person being checked, so the searches run on the right name and date of birth.
  4. Registry and criminal searches. The sex offender registry search and the national criminal search usually return in under five minutes. His registration was public, so a registry search would have shown it. County court searches confirm convictions and their outcomes.
  5. The start date waits. The dashboard shows the record for the employer's review, and the start date stays on hold while county results come in.
  6. Decision by the employer, by the rules. The employer weighs the record against a job that means entering tenants' homes. If it decides against the hire, the adverse action steps are part of the PROFID workflow: a pre-adverse notice with a copy of the report and a summary of rights, time for the worker to respond, then the final notice.
The same hire in the PROFID dashboard: the registry record waits for the employer’s review before any start date. Fictional person and company.

The decision always stays with the employer. What screening changes is that the decision is made with the record in front of them, not after someone gets hurt.

How to screen in-home workers fairly and legally

A background check reduces negligent-hiring risk only if it is run properly. Federal law sets the basic steps.

  • Disclosure and authorization. Give the candidate a clear, standalone disclosure and get written authorization before ordering a report.
  • Role-based packages. Decide the checks for each role before you hire, and apply them consistently to everyone in that role.
  • Individualized review. The EEOC recommends weighing the nature and gravity of an offense, the time since it occurred, and how it relates to the job. Blanket bans on any record can create discrimination risk.
  • Adverse action process. If you may decide against a candidate based on a report, send a pre-adverse action notice with a copy of the report and a summary of rights, give them time to respond, then send the final notice.
  • Local fair chance rules. Many states and cities, including Maryland, limit when an employer may ask about criminal history.

Questions employers ask

Can an employer be liable for a contractor's actions?

It depends on the state and the facts. Courts look at control, the working relationship and whether the employer should have known about the risk. Treat contractors who work in customers' homes under your name as part of your screening policy.

Does a background check guarantee protection from a negligent-hiring claim?

No. It shows that you took reasonable steps for the role. Courts also look at what you did with the results and whether you acted on later warning signs.

Is a sex offender registry search enough for in-home roles?

It is one important component. Registries do not include every conviction, so in-home packages usually add national and county criminal searches and identity verification.

Can we refuse to hire anyone with a criminal record?

Blanket bans can create discrimination risk. Review each record against the job, and follow the adverse action process before a final decision.

Screen in-home workers before the first visit

Compare home services packages for cleaners, technicians and office staff.

General information based on public reporting, not legal advice.

Sources

  1. Insurance Journal (AP): Landlords hit with $21.5M verdict for hiring sex offender
  2. CBS News Baltimore: Billingsley sentenced to life for the murder of Pava LaPere
  3. New Jersey Courts: Model civil jury charge 5.76, negligent hiring and retention
  4. EEOC: Arrest and conviction records in employment decisions
  5. FTC: Using Consumer Reports—What Employers Need to Know
  6. Maryland Department of Labor: Criminal Record Screening Practices (Ban the Box)
  7. PROFID: Home services background check packages