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A wrongful death lawsuit has been filed against Home Depot, security companies Citiguard and Metroguard USA, and other defendants, alleging negligent hiring practices after a security guard fatally shot a customer at a Los Angeles Home Depot. The lawsuit claims that the security companies employed an unfit guard, and that proper hiring protocols could have prevented the tragic outcome.
According to the lawsuit, Medina v. Citiguard, Inc., the incident unfolded when the customer allegedly became entangled in an altercation with a food vendor in the store’s high-crime area. Instead of de-escalating the situation and reporting the incident to authorities, the security guard allegedly joined a crowd attempting to block the customer’s exit. As the customer carefully attempted to drive out of the parking lot, one guard fired, fatally injuring the man.
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The complaint further contends that the guard’s prior criminal history, including a revoked license due to criminal convictions and concerning social media posts, should have disqualified him from the position. The lawsuit argues that hiring practices should have included a more rigorous background check and a comprehensive evaluation before placing the guard in a high-risk environment.
The Complexities of Second-Chance Hiring
The guard’s criminal history brings attention to the broader debate surrounding second-chance hiring. While employers are encouraged to consider candidates with criminal records to fill talent gaps, there are legal and compliance concerns, particularly for positions with high-risk duties, such as those involving firearms. Although negligent hiring liability fears are common, the Council of State Governments found that actual liability is lower than many employers expect.
Ensuring Compliance in Hiring Decisions
In negligent hiring cases, companies may be liable if they fail to conduct proper due diligence on a candidate who later poses harm. According to the Society for Human Resource Management (SHRM), employers are advised to take reasonable care by conducting background checks and individual assessments to minimize risks. In this case, the lawsuit alleges that the security companies should have foreseen potential risks based on the guard’s history, making the incident both “foreseeable and preventable.”
