Beyond the Bench: What Walgreens v. McKenzie Teaches Employers About Negligent Hiring
- myHRscreens Expert
- 4 days ago
- 3 min read
Hiring the right people and training them properly isn’t just good business; it’s a legal necessity. In the recent case Walgreens v. McKenzie, the Texas Supreme Court reminded employers how quickly things can go wrong when those responsibilities aren’t taken seriously. This case highlights the risks companies face when employee actions lead to lawsuits, especially if hiring and training practices are called into question. It also shows how even routine interactions can raise legal issues tied to free speech protections.
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Case Summary: Walgreens v. McKenzie
In Walgreens v. McKenzie, the Texas Supreme Court addressed the scope of negligent hiring claims under the Texas Citizens Participation Act (TCPA), a state law originally intended to prevent lawsuits that hinder free speech. This law is also known as an “anti-SLAPP” law, which aims to discourage Strategic Lawsuits Against Public Participation (SLAPPs).
The case stemmed from a 2019 incident in which Pamela McKenzie- a customer at a Houston-area Walgreens- stated she was falsely accused of shoplifting by an employee, forcibly detained and subjected to public humiliation. McKenzie sued Walgreens for several claims, including negligent hiring, training and supervision, arguing that Walgreens failed to properly vet and train the employee responsible.
Walgreens moved to dismiss the claim under the TCPA, asserting that the employee’s conduct- reporting the alleged shoplifting- was protected speech on a matter of public concern. While a lower court allowed the negligent hiring claim to proceed, the Texas Supreme Court disagreed.
On May 16, 2025, the Court ruled that the negligent hiring claim was covered under the TCPA because it stemmed from the same underlying conduct: an employee’s communication with law enforcement. The Court further concluded that McKenzie failed to provide sufficient evidence that Walgreens breached its hiring or training standards or that such a breach caused her harm. As a result, her claim was dismissed.
Lessons for Employers and HR Teams: Avoiding Negligent Hiring Claims
The Walgreens v. McKenzie ruling highlights key areas of risk surrounding negligent hiring and employee conduct. Below are five critical takeaways for employers:
1. Employers Must Maintain Strong Hiring and Training Protocols
Courts will assess whether an employer exercised reasonable care in hiring, supervising and training staff. A failure to document hiring standards or provide proper training can increase exposure to negligent hiring claims.
2. Internal Policies Are a Legal Safeguard- When Followed
Establishing and consistently enforcing internal policies around hiring, background checks and conduct expectations can offer a strong defense. Employers should ensure that policies are not only in place but also followed and documented.
3. Evidence Is Essential in Legal Defense
Under laws like the TCPA, once a claim is challenged, the burden falls on the plaintiff to present a clear, factual basis for proceeding. Employers that maintain thorough documentation and training records are better positioned to defend against such challenges.
Final Thoughts: What Walgreens v. McKenzie Means for Employers
The Walgreens v. McKenzie decision is a powerful reminder that negligent hiring claims can arise from customer interactions and that legal protections for speech can intersect with HR liability. Employers should proactively evaluate their hiring, training and conduct practices, especially if they are in customer-facing industries.
Don’t let a lapse in hiring or training expose your organization to unnecessary risk. From handbook creation to handbook monitoring services and more, MyHRConcierge and MyHRScreens provides customized hiring and HR solutions, as well as ongoing HR support, tailored to your business needs.
To learn more about partnering with MyHRConcierge, contact Chris Cooley at ccooley@myhrconcierge.com, 855-538-6947 ext. 108. To learn more about partnering with MyHRConcierge, contact Kim Lewis at 866-899-8970 ext. 118, or klewis@myhrscreens.com. Or, schedule a free consultation below:
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