Negligent hiring is when an employer fails to investigate an employee’s background, potentially exposing them to liability if the employee injures someone. Employers should conduct interviews, reference checks, and background checks to avoid dangerous hires. In some industries, higher standards for hiring apply. Employers should document the process to demonstrate due caution and compliance with industry standards.
Negligent hiring is an example of employer negligence where an employer fails to exercise due care when making hiring decisions. Failure to investigate an employee’s background can expose an employer to liability if the employee injures someone, with the argument that employers have a duty of care when it comes to selecting new employees. Individuals injured by the employee may be able to bring a lawsuit for damages. Employers should familiarize themselves with labor law and liability in their region to avoid potentially costly mistakes.
If a new hire could potentially put customers or employees at risk, and a background check could reveal this fact, an employer could be found guilty of negligent hiring. For example, if a delivery company hires a sex offender and the employee sexually assaults a customer, the customer may have reason to file a lawsuit. Similarly, if a company hires someone without proper certifications and that person endangers customers or colleagues in the workplace, that too is negligent hiring.
In the process of reviewing prospective employees, an employer should conduct interviews and reference checks. A simple step like confirming that a doctor has a medical license in good standing can be enough to protect an employer from a malpractice employment lawsuit. Employers can also request background checks to obtain criminal background information, allowing them to avoid potentially dangerous hires. Businesses of all sizes are expected to exercise due care in screening prospective employees to see if they are suitable for employment.
Employers who fail to take basic steps to ensure that employees are fit are acting negligently. If a routine measure would prevent a dangerous or unqualified hiring decision, it should be taken. HR personnel carefully document the process of selecting, interviewing, and vetting candidates. In a dispute, the company can use the documentation to demonstrate that it has acted appropriately, exercised due caution, and complied with industry standards in terms of screening new hires. In a malpractice lawsuit, failure to produce waiver information can jeopardize a defendant’s case.
In some industries, the standards for negligent hiring can be higher. When it comes to hiring people with professional certifications such as lawyers, doctors and commercial pilots, employers are required to verify these qualifications. Certification organizations maintain lists of members in good standing, along with complaint reports. Employers can usually access an Internet database of members or make a phone call to get information about a prospective employee.
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