Many aspects of hiring come down to lowering the potential risk for litigation and claims. Therefore, it is understandable that some recruiters are cautious about performing thorough background checks on prospective employees, for fear of being sued for an invasion of privacy.
While it is wise to be aware of the risks of background checks, it is crucial that you understand the dangers of what can be referred to as negligent hiring.
What is negligent hiring?
Negligent hiring is the act of employing someone without going through the appropriate procedure to ensure that he or she does not present any risks to the company, or to their employees and clients. For example, if a new employee starts a fight with a colleague and injures him or her, the question will be asked as to whether this employee was subjected to all the correct background checks before being employed. If it is found that the correct procedure was overlooked, then you could be liable for hiring negligence, and the injured employee might be able to make a claim against you.
How can negligent hiring be avoided?
Every circumstance is different when it comes to hiring a new employee, so there cannot be any hard and fast rules. But it is important to check references on every new employee before hiring him or her. Being sued for hiring negligence is much more serious than having a claim made against you for the invasion of privacy.
If you are concerned about the best practice when it comes to avoiding negligent hiring claims, it is important to conduct thorough research and apply it to your industry.
Source: Monster, “How to Avoid Negligent Hiring Litigation,” accessed Dec. 15, 2017