Protect Against
Negligent Hiring Liability
What is Negligent Hiring Liability?According to an article published by SHRM (Society for Human Resource Management), Negligent Hiring is "the failure of the employer to investigate a job applicant's work experience, character, criminal history and other relevant data prior to the hiring of an employee." See, Workplace Violence: Trend and Strategic Tools for Mitigating Risk (membership login required).
Negligent hiring liability holds employers responsible both for what they do know and what they should have known about their employees. It can even hold employers responsible for employees’ actions off the job. Courts have repeatedly affirmed that employers have a duty to exercise reasonable care in hiring individuals who, because of the nature of their employment, may pose a threat to the public.
Costs of Negligent Hiring Liability
According to the article, Avoiding Negligent Hiring Lawsuits (HR Management Magazine), "Average settlements in negligent hiring lawsuits are now approaching one million dollars." Our Society today, more than ever, is highly litigious. Your organization can, and will, be held liable for the criminal or violent acts of its employees. The costs are too great to put your organization at risk by hiring employees without performing and documenting proper due diligence in your hiring decisions. "Juries in such cases will assume that if you could have known you were hiring someone dangerous or unfit for a job, you should have known." See Avoiding Negligent Hiring Lawsuits.
How Do Background Checks Help?
Because employers have a moral and legal obligation to provide a safe work environment, knowing whether a potential employee has been involved in criminal or dishonest activity (such as drug or other substance abuse, reckless behavior, theft, or dangerous and violent behaviors) allows the employer to determine if an applicant is appropriate for the job and work environment. It also allows the employer to determine if an applicant poses a potential threat to other employees or customers.
Prior history is a good predictor of future performance. Background checks are used by employers to verify the freely volunteered information provided by applicants (usually through a resume or job application). Because of the large number of applicants who make false claims, background check tools such as Criminal Record Checks, Prior Employment Verifications, Education Verification, License Verifications, and other research tools can reveal potential problem areas. Through careful and wise use of the information obtained in proper background checks, employers demonstrate reasonable care and document their due diligence, safeguarding themselves against negligent hiring liability.
Need Help Deciding Which Searches to Choose?
- For a summary of our suggestions on what should be in a thorough background check, see Comprehensive Background Checks.
- For a complete list of all our searches, see Elements of a Background Check for Employment Screening.
- We are also happy to answer your questions. Just give us a call at 530-346-6626.
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