FEATURE
Protection from Negligent Hiring Suits

In State v. Davis, 506 S.E. 2d 455 (N.C. 1998) a jury awarded $7.9 million against Union Butterfield Corp and Dormer Tools, finding them negligent in the deaths of two men after a disgruntled ex-employee with a history of violent behavior returned to his former workplace and shot 4 employees, killing three.

Negligent hiring is the failure of an employer to exercise reasonable caution when choosing an employee. More and more, courts are holding employers financially and legally responsible for illegal or violent actions taken by employees who were not subjected to reasonable pre-employment screening. If an employee has a history of violent behavior that the employer could have discovered with a reasonable background screen, the employer could be liable for any resulting legality.

To avoid negligent hiring liability, the best defense is to perform a thorough background check on every applicant. Pre-employment background screens can help protect your company from expensive negligent hiring lawsuits, employee theft, and workplace violence. Use the following guidelines when implementing your screening program:

	In reference and previous employment checks, include questions related to job skills, performance, attitude, attendance, and the ability to work with others. InfoMart can customize our verifications and reference checks to suit your needs.
	Apply the results of your background checks consistently to all applicants. For example, if a negative comment removes an applicant from consideration, a similar statement should have the same result for another candidate. InfoMart can work with you to establish hiring criteria that can be applied consistently across your hiring pool.
	Keep written documentation of every background check. This will give you the proof to defend every hiring decision.

For a custom-designed screening program for your company, contact sales@infomart-usa.com.

(Source: AHI Employment Law Resource Center)