negligent hiring

Negligent hiring litigation is a growing problem, and it is going to eventually catch-up to employers that do not perform background checks as they are not immune from lawsuits resulting from negligent hiring practices.

If an organization hires an employee and fail to use “reasonable care” to verify their fitness for duty, an individual could sustain injury as a result of the employer’s negligence. Thirteen people die each week as a result of workplace violence, according to a recent study by a leading Human Resources publication. More than 16,000 threats are made in the workplace every workday. If your organization is aware, or have reason to believe your employee is unfit for duty, your organization may be held liable for negligent hiring and subjected to wrongful death lawsuits.

If an organization hires an employee and fail to use “reasonable care” to verify their fitness for duty, an individual could sustain injury as a result of the employer’s negligence. Thirteen people die each week as a result of workplace violence, according to a recent study by a leading Human Resources publication. More than 16,000 threats are made in the workplace every workday. If your organization is aware, or have reason to believe your employee is unfit for duty, your organization may be held liable for negligent hiring and subjected to wrongful death lawsuits.

What is Negligent Hiring?

Negligent hiring is based on the principal that employers have an obligation to protect their employees and clients from injury caused by their employees. Employers have an obligation to protect their employees and third parties from the “foreseeable” acts of an employee. Negligent hiring occurs when an organization fails to contact an applicant’s former employers, check references, or conduct a criminal background check during the hiring process.

It is important that employers perform their due diligence by conducting background checks on every employee hired, regardless of the size of their workforce. If an applicant is unsuitable for the specific work to be performed or for employment in general, a professional background check is likely to reveal this information. If the background check fails to reveal such information, you can hire the employee without being presumed negligent.

Employers can be held liable for facts that are known or “should have been known” regarding an employee’s character or job-related experience. By retaining a qualified employment background screening organization, you can protect your organization from this dangerous negligent hiring liability.