- In 2005 3.2% of all U.S. adult residents, 1 in every 32 adults
or over 7 million people were on probation, in jail, or on parole -
U.S. Bureau of Justice Statistics
- "Employers are hot targets for theft because workers know their
systems, controls and weaknesses, and they can bide their time
waiting for the right opportunity," according to a Dec. 11, 2008,
Wall Street Journal article
- "A lot of employers don't do any checking, and they often
regret that decision. The applicant may be unqualified for the job,
or may have some personality trait or past experience that causes
problems for you later. Moreover, if your applicant will have
contact with other employees or with customers, an important reason
to do that checking is to avoid negligent hiring claims. If you
have any employee who turns vilent and harms either a customer or
another employee, you could be slapped with a lawsuit if reference
checking would have kept you from hiring that person. If you have
employees who have or will have significant contact with the
public, customers, patients, or children, you'll want to be
particularly careful about doing a thorough background check,
including a check of criminal records to the extent permitted by
law."
" Your company can be legally liable for negligent hiring if you
fail to uncover a job applicants incompetence or unfitness by
checking their references, criminal records, or general background.
You can be sued for negligent hiring for failure to become aware of
an employees unfitness for a particular position, or for subsequent
failure to take any corrective action, such as training
reassignment, or discharge to remedy the problem once you find out
about it."
" You have a duty to make a reasonable investigation of an
applicant's fitness before hiring"
Example: "after a furniture store delivery person assaulted a
customer while delivering furniture to her home, the furniture
store owner was held liable for negligent hiring. If the company
had conducted any background check at all, it would have found that
he had a history of violent behavior. The customer could recover
damages from the owner in this instance because it was reasonably
foreseeable that a person with a violent past might assault a
customer. - U.S. Chamber of Commerce website
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