Employers usually have to get there “nose bloodied” in the courtroom before they see importance and value in conducting an employment background check. In some cases a negligent hiring claims can cost a business upwards of a million dollars!
So what should an employer do?
- STOP THE BLEEDING – and implement a compliant employment background screening program, this will lower liability relating to negligent hiring claims.
- LEAVE IT TO THE EXPERTS – partner with an honest compliant background screening vendor who will ensure the information you are receiving can be utilized in making an employment decision.
- GOT COMPLIANCE? – There are certain steps employers must take if they decided not to hire an applicant based on the background screening results, no what they are!!
- DON’T MAKE THE SAME MISTAKE TWICE – treat all new hires the same and consistently conduct background checks on ALL individuals representing your business, not just employees (contractors, interns, and volunteers).
- FIRST LINE OF DEFENSE – having a compliant streamline employment application makes all the difference in the world when it comes to on-boarding and vetting new hires.
The origin of the doctrine making an employer liable for negligent hiring, as well as negligent retention, arose out of the common law fellow-servant law which imposed a duty on employers to select employees who would not endanger fellow employees by their presence on the job. See Loftus, Employer’s Duty to Know Deficiencies of Employees.