Retail Optimization Group - Background Checks

          
  • 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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Pre-employment Background Checks
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