When a company brings a new staff member on board, that employee becomes an “agent” of the firm. However, should that new worker subsequently cause harm to a co-worker, client, or third party, the employer may be liable for a claim of negligent hiring.
Negligent hiring says the employer should have performed more due diligence when screening that worker before hiring. If properly done, the due diligence may have revealed that the worker just brought on board should, instead, have been disqualified from consideration.
It is valuable to note that companies can be caught in a difficult position.
While organizations wish to use background checks and criminal checks as part of their due diligence processes, there are two issues that can arise during the screening process.
First, screenings are not foolproof. Occasionally, some mistakes in databases are made, and lawsuits prevail on the web describing some of these cases. One particular case occurred a decade ago when a school bus driver was drinking and driving while on the job. He crashed the bus which led to the loss of lives.
Second, while companies do not wish to hire dishonest or dangerous people, they also must be careful in their due diligence screenings not to discriminate, as racial minorities have disproportionate conviction rates. Complying with the EEOC is also required.
Though no one can prevent an unhappy litigant from filing a lawsuit, every organization can record its efforts of how the due diligence process occurred. Screening policies should be in place that provides a thorough investigation into the details pertinent to employment. Those policies prove best when reviewed by a legal professional, or when a firm such as Data Screening is used.
Data Screening can provide due diligence screenings via a variety of criteria. Their services cover legal aspects as well as customized information to preclude negligent hiring claims.
About DataScreeening.com
Data Screening is a Certified Women’s Business Enterprise that has offered business-to-business employment and tenant screenings to human resource professionals and business owners, including staffing companies, for two decades. Among other organizations, they are members of the New Jersey Staffing Alliance, the Society for Human Resource Management and the National Association of Professional Background Screeners. How may we help you today?