What is Negligent Hiring?
Negligent hiring occurs when an employer hires an individual who causes harm to others, and it is determined that the employer should have known about the individual’s potential for harm but failed to take reasonable steps to prevent it, such as conducting thorough background checks. To avoid liability for negligent hiring, employers must adopt proactive and diligent hiring practices.
How Can Employers Protect Themselves from Negligent Hiring?
Conduct Comprehensive Research on Candidates
Verify the information provided on resumes and applications.
Check social media profiles for insights into character and professionalism.
Contact prior employers to validate past employment and behavior.
Assess the candidate's qualifications before scheduling an interview.
Avoid Hiring the First Candidate Without Exploring Options
Interview multiple candidates to ensure a comprehensive selection process.
Compare qualifications, skills, and suitability to identify the best fit.
Exercise patience and thoroughness to avoid impulsive hiring decisions.
Perform Background Checks, Interviews, and Pre-employment Tests
Conduct background checks to uncover criminal records or red flags.
Use structured interviews to evaluate the candidate's skills and demeanor.
Administer relevant pre-employment tests to gauge competency and suitability.
Verify Past Employment and References
Contact previous employers to confirm work history and performance.
Obtain professional references to gain insights into the candidate’s behavior and reliability.
Implement Drug Testing
Require drug tests to ensure candidates meet workplace safety and health standards.
Enforce uniform testing policies to maintain consistency and fairness.
Review Credit Reports (if applicable)
Use credit reports to verify identity, assess financial responsibility, and check for discrepancies.
Evaluate the candidate’s history to prevent potential risks like theft or embezzlement.
Validate Qualifications and Claims
Cross-check the candidate’s educational qualifications, certifications, and other credentials.
Confirm that the claims made on resumes align with verified documents.
Administer Job-specific Tests
Design non-discriminatory tests relevant to the position to evaluate technical or behavioral aptitude.
Ensure all candidates undergo the same assessments to maintain objectivity.
Review Medical Exams and Driving Records
Require medical exams where relevant to the role, ensuring candidates meet physical or mental job requirements.
Check driving records for roles involving transportation to assess safety and responsibility.
Establish Consistent Hiring Practices
Develop a standardized recruitment process to ensure thorough vetting for every candidate.
Train hiring managers on effective practices to minimize risks of negligent hiring.
By implementing these strategies, employers can protect their organization from the risks of negligent hiring, ensure a safe workplace, and foster trust among employees and stakeholders.