It is one of many means employers may use to mitigate risk. Employers should not take lightly the process needed to determine if and how background checks can assist in overall corporate strategy. Employers should understand that each employee working in their organization could be a potential risk regardless of their schedule or status.
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Critical thought should be given to the organization as a whole in regard to how background checks can mitigate risk across the company. A good rule of thumb is to always conduct a thorough background check on each new hire, including these groups. Though background screening is incredibly complex, listed below are some general primary guidelines to be aware of when creating your organization's policies:.
If You Do Background Checks, Here’s What You Need to Know to Avoid a Lawsuit
Also, some recent legal trends to consider include "ban the box" legislation. This prohibits employers from inquiring about criminal history during the early stages of the hiring process. However, President Greg Dubecky of Corporate Screening warns that an improperly designed program can actually increase an employer's risk. He explains, "The best way to mitigate risk is to always conduct a thorough background check and not rely solely on database information.
Employers may want to use the following guidelines:. If a discrepancy between information the candidate provided and what was found during the check or criminal activity i.
These items include legislation, regulation, and company philosophy. Doing so will protect your company, as well as the rights of the candidate on which the consumer report was based. First, employers should provide the candidate with a 'pre-adverse action' notice. Along with this notice, the employer must provide a copy of the consumer report and a copy of the individual's rights under the Fair Credit Reporting Act FCRA. Following the initial notice, the individual is afforded a reasonable amount of time to respond to the pre-adverse action notice.
They can contact the prospective employer, or the CRA to dispute the results of the report. Negligent hiring claims are preventable if employers do their job which is to ensure that employees and customers have a well-organized, safe work environment. In this work environment, people have a right to a reasonable expectation that they will not be injured or harmed. Customers have the right to the same expectation as employees.
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In these claims, the filer attempts to prove that the injurious behavior was to be expected based on past behavior that demonstrated that the employee was dangerous, untrustworthy, a sexual predator, or a thief, to name a few possible claims. A negligent hiring claim is more common in some industries including caregiving to dependent children or adults, and these specific industries:.
An increasing number of states and worldwide jurisdictions have laws about what makes an employer a potential negligent hiring lawsuit target including these laws:. While employers must do diligent background checking, they must also perform fair and nondiscriminatory checks. Background checks of people who are candidates for the same job should be the same.
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A clear connection should exist between the background checks conducted and the requirements of the job or of basic employment. To avoid the hassle and staff time invested, potential losses of productivity and reputation, and financial damages assigned by courts, employers need to do thorough background checking.
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You need to know who you are hiring lest they injure your employees or customers in any way. Disclaimer: Please note that the information provided, while authoritative, is not guaranteed for accuracy and legality.
Employer Liability for an Employee's Bad Acts
A worldwide audience reads the site, and employment laws and regulations vary from state to state and country to country. Please seek legal assistance, or assistance from State, Federal, or International governmental resources, to make certain your legal interpretation and decisions are correct for your location.
This information is for guidance, ideas, and assistance.
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