Reduce Your Hiring Risks By Sharolyn Whiting-Ralston


First Appeared in The Journal Record - July 29, 2010

The news is full of stories about people committing crimes either while they are working or at their place of employment. So, what are employers’ risks and how do they protect their businesses? One way is to conduct background checks on potential employees. However, employers must be aware of the restrictions on obtaining the information and using it.

First, why might an employer want to conduct background checks of job applicants? Simply, if an employee hurts someone while on the job, the employer may be liable for “negligent hiring.” Such a claim may come from another employee or it could come from a customer or client. In either case, a “negligent hiring” claim asserts that the employer knew or should have known the employee was likely to be dangerous. However, an employer can greatly reduce any potential liability by taking reasonable steps to discover if an applicant has the propensity to harm someone.

Article authored by McAfee & Taft Attorney: Sharolyn Whiting -Ralston.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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