Avoiding a Negligent Hiring Lawsuit
Thursday, May 17th, 2007As a business owner, you have a responsibility to your customers, employees, and the public not to engage in negligent hiring. The issue is not solely an ethical dilemma, either; a business can be legally responsible for harm resulting from negligent hiring practices.
What Is Negligent Hiring?
- Negligent hiring means a business failed to uncover a job applicant’s incompetence, unfitness, or lack of qualification to serve in a designated position because the company did not take the time to check their references, criminal records, or background in general. A company who has failed to take these failsafe measures is liable when fellow employees or the public are placed in harm’s way as a result of the business’s failure to substantiate an applicant’s claims. Employers are subject to a Reasonable Investigation Duty - the duty to make a reasonable investigation of an applicant’s fitness prior to hiring, the extent of which varies depending on job circumstances.
 What Are The Legal Consequences Of Negligent Hiring?
- Costly lawsuits and legal consequences may be yours if your business fails to become aware of an employee’s unfitness for a particular position because education, references, and background information was not checked, or if you failed to take corrective action to remedy the situation (through reassignment, training or discharge) when the unfitness was discovered. This is especially true if the employee has or will have significant contact with the public, customers, patients, or children. Your company may be sued by other companies or private individuals for damages.
How Can You Avoid Negligent Hiring Claims?
- Use DatabaseRecords.com to gather the information that will prevent or beat a lawsuit placed by a customer, employee, or third party. They must show:
- - An employment relationship between the you and the worker.
- The employee’s unfitness to perform duties.
- Your knowledge of the employee’s unfitness, actual or constructive;Â Â failure to investigate an employee’s background and qualifications can result in a finding of constructive knowledge.
- An act or omission by the employee causing injury to a third party.
- Your negligence in hiring the employee as the most likely cause of the plaintiff’s injuries.
A negligent hiring claim can be avoided by using DatabaseRecords.com to research the resume, references, and background of every individual before they are hired and providing documentation of the search. By hiring only applicants who prove to you to be well qualified and trustworthy, the grounds for a negligent hiring lawsuit are nullified.
As an employer, you are ultimately responsible for the people you employ and any injury caused by them. It is imperative to your company’s good name, and more importantly, the safety of the people you serve, to hire only qualified, safe individuals. The only way to prove yourself as a responsible business and employer, and avoid damaging law suits in the meantime, is to utilize every available resource to verify an employee’s fitness to serve. If you do not, and it is found that you did not perform a background check or hired an employee you should have known was incompetent or unfit (through proper checking), you may be held liable in a lawsuit that will cost your business dearly - both financially as well as in reputation. Choose DatabaseRecords.com and start protecting yourself today.









