I Didn’t Know This: For which employees are background checks needed?
A. Employees who handle cash
B. Custodians
C. Librarians
D. Wal Mart Greeters
The answer: All of the above.
Why? Employers are liable for their employees’ actions? Time and time again
employers have been held responsible for the negligent or criminal acts of
their employees. Hiring is tough these days. Hire the wrong person and you
will not just have to fire them, but you could possibly face lawsuits from
other employees, clients, prospects, vendors, the public, customers, and
other companies.
Thomas and Mary Hines hired a contractor Metropolitan Painting Associates
to paint and remodel their home. Metropolitan sent an employee Allen C. to
paint the Hineses’ home. Metropolitan was aware that Cain had a chemical
dependency problem and had been convicted for three felonies.
The Hineses discovered that Cain stole some checks from their home. Thus,
the employer terminated Cain. However, after his termination, Cain returned
with some friend to burglarize the Hineses’ home. The Hineses were at home
during the burglary, and Cain and his friends assaulted and robbed them.
The Hineses sued the employer for negligent hiring. The trial court awarded
damages in favor of the Hineses and against the employer. Employers could
be found liable for negligence for employee criminal activity and employee
negligence, for not conducting background checks.
Just one lawsuit can damage a company financially, morally, and publicly.
Negligent hiring claims are a fast-growing area of employment litigation.
Employers have been found liable for many employee acts committed in the
scope of employment. This is true of violent crimes, intoxication, assault,
manslaughter, sexual harassment, embezzling client funds, and many more.
How can employers protect themselves? It starts in the hiring process.
Making reasonable efforts to conduct background checks and hiring within
the boundaries of the law can help protect employers and their clients.
Don’t let your business be threatened by expensive lawsuits!
Conduct applicant and employee background checks now! And don’t make the
mistake of limiting a background check to criminal records alone!
