Employee Screening - Investigative Techniques To Avoid Negligent Hiring

by Patrick Barnett - Date: 2007-01-03 - Word Count: 486 Share This!

Negligent hiring normally refers to a cause of action in tort law that arises from an employer's obligation not to hire an applicant that may undertake conduct against other individuals or otherwise subject employees or third parties to actions which can create legal liability Through negligent hiring lawsuits, many employers have been found liable for their failure to conduct appropriate due diligence and pre-employment background investigation. Negligent hiring lawsuits have cost many companies millions of dollars in damages. Conducting proper pre-employment screening goes beyond the criminal background check and taking the proper measures prior to hiring will protect and ensure your organization from potential lawsuits under negligent hiring tort law.

The initial screening process should encompass a variety of measures to protect your company against potential legal action. It's important to keep in mind some 36% of applicant resumes provide some form of falsified information.

• During the interview process, ask applicant to explain any gaps in employment or education. Keep in mind there are always circumstances that justify gaps in employment, however a lack of reasonable explanation may warrant further background investigation.

•Applicant should provide a written summary of last 7 years of residence.

•Obtain an address history report of the applicant and cross reference this information with applicant provided residence history. Applicant may not provide a prior address if he or she were convicted of a crime in a past city or county of residence. The address history report is a critical search tool in conducting a criminal background investigation.

•Perform a criminal background check based upon every county applicant has resided over the past 7 years. A county criminal report is the most effective search as this information is direct from the source. A national criminal search is typically only available to Law Enforcement or in a situation where a state mandate requires that the applicant be subject to a background check.

•Many applicants should be searched on the national sex offender registry separate from the criminal search as this offense often does not appear in the criminal background report. If the applicant offended in a state outside his or her residence the criminal search would not likely reveal this information.

•Obtain a state motor vehicle report whenever the position involves driving in any capacity. This report has valuable information including validity and violations, suspension or DUI related offenses. Understand some applicants may state on their application that they do not have a driver's license when in fact it is suspended. It's critical to obtain at least a state issued identification card and perform a search of this identification number.

•It's important to be consistent with each and every applicant in the hiring process. All applicants should be screened in the same manner and "gut feelings" should never be applied.

Remember the old saying "an ounce of prevention is worth a pound of cure". An effective pre-employment screening can save your company from huge potential losses simply by performing your due diligence.

Related Tags: background check, employment background check, employment screening, employment verification

Advanced Research http://www.arsbackgrounds.com is a team of experts in risk management, human resources and legal investigations.

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