Employee Screening - Investigative Techniques To Mitigate Negligent Hiring

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 perform due diligence resulting in millions of dollars in damages. Conducting proper employee screening goes beyond the criminal background check and taking the appropriate measures prior to hiring will protect and help 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 litigation. It’s important to keep in mind that 36% of applicant resumes provide some form of falsified information.

• During the interview process, ask applicant to explain any gaps in employment or education. There are always circumstances that justify gaps in employment, however a lack of reasonable explanation may warrant further investigation as any prolonged absence may be an indication of past incarceration.

• Have applicant provide a written summary of last 7 years of residence and any other names used.

• Obtain a social security trace and cross reference this information with applicant provided written summary. This report will show address history (some potentially not revealed by the applicant), alias and or maiden names. Often a prior address is not disclosed if he or she were convicted of a crime in a past city or county of residence.

• Perform a criminal search 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 true national criminal search is typically only available to law enforcement or in a situation where a state mandate requires that the applicant is subject to an employment background check.

• A search of the national sex offender registry should be completed in addition to the criminal search. Often a sexual offense does not appear in the criminal background report. If the applicant offended in a state or county 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 essential to obtain at least a state issued identification card and perform a search of this identification number.

• Always 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.