Negligent Hiring Risk Less Than Employers Believe
When it comes to making hiring decisions, employers have long been hesitant to hire people with criminal histories out of fear of being sued for negligent hiring. But recent research shows that the risk of such litigation is far less common than employers may think. In fact, the risk is virtually nonexistent in certain situations.
This is good news for both employers and job seekers alike. For employers, it means they can feel more confident when hiring people with criminal records and not have to worry about being held liable for negligent hiring. For job seekers, it means they have a better chance of finding employment and being given the opportunity to prove their worth.
Negligent Hiring Laws
Negligent hiring laws vary from state to state, but the gist of them is that employers have a duty to hire individuals who are fit for the job and free from potential harm to others. For the most part, employers can’t be held liable for negligent hiring if they can demonstrate that they acted in good faith when making their hiring decisions.
To prove that they acted in good faith, employers must be able to show that they took reasonable steps to ensure that the person they hired was suitable for the job. This could include performing criminal background checks, references checks, and drug testing.
Risk Factors
Though the risk of negligent hiring is low, there are certain factors that could make it a more likely possibility. These include:
• The nature of the job: If the job involves having access to sensitive or confidential information, working with vulnerable populations, or entering into people’s homes or financial assets, then the employer may be held liable for negligent hiring.
• The criminal record: If the person’s criminal record is related to the job they’re being hired for, then there is a greater chance of liability. For example, if a person with a history of violent offenses is hired to work in a daycare, then they employer could be held liable.
• The employer’s policies and procedures: If the employer has inadequate policies and procedures in place regarding background checks and other screening measures, then there is a greater chance of liability.
Reducing Risk
Though the risk of negligent hiring is low, there are still steps employers can take to reduce it even further. These include:
• Developing a thorough hiring process: Employers should ensure that they have a thorough hiring process in place that includes background checks, references checks, and drug testing.
• Establishing an applicant screening policy: Employers should have a clear policy in place that outlines their screening procedures and how they will handle applicants with criminal records.
• Providing training to managers and supervisors: Employers should ensure that their managers and supervisors are trained on how to handle applicants with criminal records and how to assess their suitability for the job.
• Developing a robust record-keeping system: Employers should ensure that they keep accurate records of all applicants and their criminal records, as well as any decisions made regarding their suitability for the job.
Conclusion
Though employers’ fear of being sued for negligent hiring is understandable, the reality is that the risk is far less than they may think. In most cases, employers can feel confident in their hiring decisions and not have to worry about being held liable. However, they should still take steps to reduce the risk even further, such as establishing a thorough hiring process, setting up an applicant screening policy, providing training to managers and supervisors, and keeping accurate records. By taking these steps, employers can reduce the risk of negligent hiring liability and ensure that they are making the right hiring decisions.
