Whether the economy is weak or thriving, safety in the workplace is always an issue. However, in a financial market where many businesses have the primary goal of survival, the salient nature of monetary stability is critical. Therfore, employers need to be aware of how negligent hiring could affect their businesses in order to close themselves off to unnecessary legal and finanical liabilities.
- What is negligent hiring? Negligent hiring is “a claim made by an injured party against an employer.” Employers should know details about their employees’ backgrounds to ensure that they are hiring safe, trustworthy individuals. Not only is it good for employers to be aware of past issues that might affect their businesses, but employers are responsible for knowing background information on everyone they hire, including any discrepancies in criminal or drug-related fields that post safety issues. As far as negligent hiring statutes are concerned, employers are accountable for knowing any piece of information that might come up in a comprehensive background check.
- How can negligent hiring affect a business? What employers should know about their employees can hurt them, especially considering 79% of employers lose negligent hiring lawsuits. A background check may cost an employer a small fee, but negligent hiring issues carry monetary, reputation, and fatality risks that far outweigh the price of due diligence.
- How can a company protect itself against negligent hiring litigation? The easiest way for employers to avoid suspicion of negligent hiring is twofold:
- The rise in such lawsuits demonstrates a need for thorough background investigation of all potential and current employees. Employers need to access information that indicates an employee may have a propensity for violent behavior, dishonesty, and/or drug use.
- Employers must act on their background screening findings. If a new hire or current employee check reveals information that poses a threat to the workplace, the employer must address and act on that information.
Employers cannot claim ignorance is bliss when one of their employees acts in a violent or criminal manner. Background checks grant employers access to the information they need to maintain safety in the workplace. If an employee commits a crime and a background check did not reveal a tendency toward that type of behavior, the employer cannot be subject to negligent hiring because all necessary safety measures were taken. The law is clear and the solution is simple: background checks have the ability to safe companies from vulnerabilities and employees from harm.
