Davis-Lynch, Inc. v. Asgard Technologies, LLC

In Davis-Lynch, Inc. v. Asgard Technologies, LLC, 472S.W.3d50 , No. 14-13-01112-CV, 2015 WL 3988232 (Tex. App.--Houston 14th Dist. June 30, 2015, no pet. h.), a staffing company placed an employee as a receptionist at Davis-Lynch, an oilfield manufacturing company. The employee subsequently was promoted and eventually became head of accounting. Davis-Lynch ultimately discovered that while in the accounting department the employee had embezzled over $15 million and that her criminal history included a deferred adjudication for a misdemeanor theft and a conviction for misdemeanor theft. Davis-Lynch brought various claims against the staffing company, including for negligent hiring of the employee. The Court affirmed the summary judgment in favor of the staffing company as to the claim for negligent hiring, concluding that the company did not have a duty to perform a criminal background check when hiring and placing the receptionist at Davis-Lynch. ("The facts do not show that staffing company knew or should have known that, because of its acts of hiring and placing employee without performing a background check, the crime (or one like it) might occur.").