you hire........ You want to know all you can
about an individual and the traditional method of contacting past employers
is no longer sufficient. Employers have
become aware of the consequences of bad hiring decisions. Employers can and are being held liable for the willful misconduct of
their employees, even if the employees' actions occur outside the scope or
place of employment. This form of liability
is defined by the legal theories of negligent hiring and retention. Negligent
hiring is based on the idea that employers have a duty to exercise care when
selecting employees. An employer must adequately screen individuals by
performing a "reasonable" inquiry of the applicant's history.
Negligence occurs when an employer does not perform this "duty of
care" by failing to screen, conducting an inadequate screening, or hiring
an applicant whom is unfit based on information uncovered during a screening. Negligent retention
is only different from negligent hiring in the timing the employee is determined
unfit for employment. If the employer discovers during the course of employment
that the employee is unfit and fails to take appropriate action, then negligence
has occurred by "retaining" the employee.
Employers are being held responsible for creating a safe environment for
employees, customers, and the public at large. The courts have indicated that
this duty must be performed by adequate screening policies.
applicants with something to hide
uncertainty in the hiring process
honesty in the application and interview process
background screenings is not an absolute guarantee that every bad applicant will
be discovered. However, employment screening is an effective risk management
tool that has been proven to significantly reduce the risk of a bad hire.
Employment screening helps to promote a safe and profitable workplace. Applying
a screening program demonstrates due diligence and provides an employer with a
great deal of legal protection.
are strongly suggested for all employees.