By some estimates, over 700 employees are attacked by their fellow workers each business day. Many of these incidents are the result of problems that existed at the time these workers were hired (such as drug abuse). Most states now recognize the potential liability that companies have in these matters. If an employer is held liable for the damaging actions of its employees, that exposure could literally bankrupt a company. In this article, I’ll explain the employers’ potential liability and how companies can avoid negligent hiring lawsuits.
Negligent Hiring Lawsuits Make Employers Liable
The basis of negligent hiring lawsuits is that an employer should have known there was a risk in hiring an employee. Further, the employer should have taken reasonable precautions to eliminate a job applicant from the pool of candidates. If an employer fails to properly screen its employees and a worker causes the injury of another employee, it’s possible that the employer can be held responsible.
According to a report released in 2008 from the U.S. Bureau of Labor Statistics, 13% of the 5,840 workplace fatalities that happened in 2006 were the results of assaults and violent acts. A recent article released by HR Management said the average settlement of a negligent hiring lawsuit is nearly $1 million. In the event that employment background checks were not conducted, the employers in these cases could be held legally responsible for the incidents.
How To Avoid Negligent Hiring Lawsuits
First, your company should establish clear pre-employment screening procedures. These procedures should detail the types of information your company will seek from applicants for each position. Second, your human resources executives should follow these procedures consistently. It does little good to approach employee screening arbitrarily.
Third, if you’re hiring people for jobs in which they’ll be operating a company vehicle, heavy machinery, or handling sensitive client information, you should investigate applicants for signs of a criminal past. These are the basic steps that you should be taking to avoid negligent hiring lawsuits.
Finding Evidence Of A Criminal Past
It’s a common misconception that employers can simply access an exhaustive database in which they’ll find record of an applicant’s past criminal misconduct. In truth, such a database doesn’t exist. Instead, employers should review county, state and federal records. Reviewing these records can require an enormous amount of time. Many employers retain the services of an experienced employee screening company to manage the investigation. They’ll conduct employment background checks that will uncover any existing red flags.
Whether you choose to use in-house resources for doing background checks or hire a dependable screening service to do the job for you, it’s important to understand the priority. You can protect your company from negligent hiring lawsuits by establishing a strict employee screening program. This program should include background checks that are completed prior to offering an applicant a position. A small investment in time can literally save millions of dollars in the long run.
Author: Christopher E Miller
Article Source: EzineArticles.com
Provided by: Digital Camera Information