Negligent Hiring Lawsuits

Companies are becoming more aware of how a lack of employee screening increases their exposure to liability. As a result, they are taking measures to conduct background checks on all permanent staff. Oddly, many firms don’t use the same caution when bringing temp hires aboard. The main reason cited by many employers is that screening and background checks take valuable time. They slow the placement process, which is an important factor for short-term projects. But, sacrificing caution for expediency when hiring temporary staff can be catastrophic.

Screening Temporary Employees

A temporary hire can expose your firm to just as much risk as a permanent employee. After all, once they are on your premises, they will usually have the same level of access to computer files, customer databases, and other resources. The fact that a temp employee is only working on a short-term assignment is irrelevant. If you neglect to perform background checks, they still pose a significant risk.

Many employers think that since a temp hire receives a paycheck from a staffing firm, the employer cannot be held liable for that hire’s actions. So, they decide against screening temporary employees. That’s a mistake. And it can potentially cost an employer millions of dollars. In truth, employers can be held liable for the actions of a temp hire. If they disrupt the workplace and harm your staff or customers, your firm can be sued.

How To Avoid Unnecessary Risk

Hiring an employee always carries an inherent risk, regardless of whether that employee is hired on a temporary or permanent basis. You should take preventative measures to protect your staff, your workplace, and the core assets upon which your business relies. At the very least, screen temporary employees as carefully as you screen your permanent staff.

To further reduce your company’s liability, perform comprehensive background checks that search county court records for past criminal convictions. Studies show that temp hires often have criminal records and other issues that can lead to problems if you hire them. Remember, one bad temporary employee can lead to a million-dollar negligent hiring lawsuit. Insulate your business by screening them.

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5 Reasons To Do Employee Background Checks

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5 Reasons To Do Employee Background Checks

August 7, 2008 By Chris Miller

If you’ve been reading my blog for long, you’ll already understand how important it is to conduct an extensive background check on any person whom you’re considering hiring. That said, let’s review. Use the 5 reasons below as a reminder of why it’s essential to do employee background checks.

#1 – Avoid Legal Liability

If you fail to check the background and history of an employee and that employee hurts someone in the workplace, your company could be held liable. Negligent hiring lawsuits happen all the time and employers pay the price.

#2 – Validate Skills

Just because a job applicant claims that he’s adept at something or has experience in a certain field doesn’t mean that it’s true. You need to do a background check to validate his claims.

#3 – Prevent Office Violence

Violence in the workplace can carry an enormous cost. Not only does it potentially expose your staff to physical harm, but it disrupts your company’s operations. While doing an extensive background check doesn’t guarantee a new employee won’t act violently, it’s one of the most effective preventative measures you can take.

#4 – Avoid Employee Theft

A large percentage of the people who steal items from the companies for which they work have a history of doing so. Checking an employee’s background can reveal whether a prospective hire has been fired or convicted of theft in the past.

#5 – Avoid Nuisance Lawsuits

There are people who apply for jobs, secure a position and then sue the company that has hired them. It may take the form of a frivolous worker’s compensation claim or a sexual harassment suit. You can uncover whether a job candidate has a history of filing these types of lawsuits.

Conducting employee background checks is an important part of protecting your staff and your company. They help maintain the safety of your employees. Plus, they can shield your business from a host of potential problems that can result from hiring an undesirable worker.

4 Tips on How to Avoid Negligent Hiring Lawsuits

July 22, 2008 By Chris Miller

In these tough economic times companies may be thinking about saving time and money by cutting back on their employee screening programs. This would be a big mistake! If you hire a dangerous or unfit person without doing proper “due diligence” and harm occurs, you are opening yourself up to a negligent hiring lawsuit.

Here are several tips to help you avoid a negligent hiring lawsuit :

1. Create a Program

Create an employee screening program for your company. This program should document employee screening policies and procedures for each position in the organization.

2. Train to Ensure Hiring Managers Follow the Program

Train all hiring managers on the employee screening policies and procedures. Document this training.

3. Audit Employee Screening Program

Create an audit procedure to make sure the employee screening program is being followed throughout the organization. Document this procedure.

4. Ensure FCRA Compliance

If you are using a third party employee screening service make sure they are in compliance with the Fair Credit Reporting Act (FCRA).