WHY CHECK AN APPLICANT'S BACKGROUND?
EMPLOYERS
By establishing, implementing and documenting safe hiring practices you can:
1. Choose the best-qualified applicant
2. Provide a safer working environment
3. Minimize theft of assets and vehicle accidents
4. Avoid civil liabilities associated with negligent hiring practices
THE FINANCIAL RISKS OF NOT CHECKING APPLICANTS' BACKGROUNDS
There is a growing body of case law (commonly referred to as: Negligent Hiring Practices) that holds companies responsible for the misdeeds of employees working on their premises or working elsewhere on the company's behalf who, based upon their prior history, could have been expected to act irresponsibly or illegally. Under this case law anyone injured by an employee's misdeeds (another employee, customer, or a member of the public) would be in a position to collect damages from the company as a result of its negligent hiring practices. The company's only real defense in such a suit is to show that it used the "Best Available Means" to check the employee's background prior to hiring.
Furthermore, if the company has not checked the background of an employee who causes damage or injury, the company's liability insurance may be voided.
PROPERTY OWNERS AND MANAGEMENT COMPANIES
By establishing, implementing and documenting safe approval practices you can:
1. Choose the best-qualified applicant
2. Provide a safer living and working environment
3. Minimize civil liabilities associated with negligent approval practices
NEGLIGENT HIRING:
This legal doctrine is a very real threat of liability employers face today. Courts are now accepting the premise that some facts in employees' backgrounds should disqualify them for a given position---a driver with a long history of reckless driving, a salesperson or serviceman with a background of violent assault or a bookkeeper with a record of theft.
DEMISE OF "EMPLOYMENT AT WILL":
The formerly universal notion that employers could hire and fire whomever they wanted, whenever they wanted, is eroding. Employee-initiated lawsuits for "wrongful discharge" are even more than those for negligent hiring.
TECHNOLOGY:
Explosive technological advances in the workplace increase the dangers of unqualified or unethical workers.
EXAGGERATED CREDENTIALS:
An employee who comes into a job under false pretenses is the wrong person for the wrong job.
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