Job candidates that misrepresent his or her employment credentials can potentially expose employers to serious legal liabilities if and when the person or another employee are harmed. Conducting thorough background checks and drug testing potential and current employees are important to help maintain the safety, effectiveness and morale of the organization, and we know that. But it’s also important for employers to understand the magnitude of the liability associated with hiring a job candidate who misrepresented themselves throughout the hiring process.
What is Negligent Hiring?
By definition, negligent hiring is a legal claim made against an employer by a damaged employee/client or third party who claims that the employer either knew about or should have known about a situation in the employee’s past that indicates they may be violent, untrustworthy or under qualified. Generally, in order for a plaintiff to prove negligent hiring claims, they must demonstrate 2 things.
- The Employer knew or, in the exercise of ordinary care, should have known of the employee’s unfitness at the time of hiring
- The negligently hired employee proximately caused the plaintiff’s injury
Essentially, a plaintiff could be another employee who was injured or harmed, or a family member or friend of another employee. So if someone is hurt or harmed because of someone who was hired based off falsified information, and you didn’t catch it, your company is liable.
Real Life Scenario
In the case of Rucshner v. ADT Security Systems, Inc., a plaintiff made a negligent hiring claim against an authorized security services dealer for ADT Security, Inc. The security services dealer, we will call “Company S” warranted in several of its contracts with ADT that all employees performing services under these agreements had passed a drug screen and a criminal background check. Despite the claim that Company S screened and checked all of their employees, it was found that Company S had not done so with all of their employees, including the employee who sexually assaulted the daughter of the plaintiff.
Company S hired an employee without checking to see if they had a criminal record. A 14 year old girl was sexually assaulted. Her father sued ADT and Company S for negligent hiring because they failed to do a background check on the employee. This is a sad, yet true story, that can all be found in the case of Rucshner v. ADT Security Systems, Inc.
Employment Screening Services prides ourselves on providing comprehensive, tactile background checks for employers because it is important to us. We aim to prevent the wrong people from entering your organization, because it could not only harm your company’s bottom line, it could result in harm to a human being. For information about background screening or drug testing for employment, please don’t hesitate to reach out and give us a call to see what we can do for you moving forward.