If Your Employees Get Into Fights You Could Be Responsible Under Negligent Hiring Laws; A Background Check Company Can Protect You In Your Hiring Decisions

 

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If Your Employees Get Into Fights You Could Be Responsible Under Negligent Hiring Laws; A Background Check Company Can Protect You In Your Hiring Decisions
Did you know that as an employer you could potentially be held liable if someone you hire injures a customer or another employer? The internet is filled with videos of employee – customer altercations, some initiated by the customer and some by the employee but in all the situations the images are disturbing. I happened to see one video of a well-known fast food chain employee beating up a woman in front of the woman’s two-year old son. In this case the assault took place outside of the restaurant but the uniform was a dead giveaway and the NBC news affiliate website reported where the employee worked. In another video several employees from another fast food chain got into a fight with a patron. In the NBC6.com story it was reported that the customer was intoxicated but the employees began the physical altercation by throwing cups at the customer then came from behind the counter and started fighting. Videos also abound of employees fighting each other in retail stores, fast food restaurants and other locations. While one must be careful not to conclude that these videos are representative of the majority of American workers, it would be unwise to dismiss the possibility that this could happen in your business. There is also a possibility that if a fight takes place in your business and it involves one or more of your employees, you could be held responsible for injuries under “Negligent Hiring” and/or “Negligent Retention” Laws. To protect your business, employees and customers, it is wise to hire a background check company to conduct pre-employment screenings of applicants.
     A background check company can dig into the personal history of someone you may be considering bringing onto your team. While your job application may ask if someone has been convicted of a felony, what resources do you have at your disposal to verify if the applicant lies and does not disclose a criminal past? In addition to conducting criminal background checks, a pre-employment screening can determine if the person has worked where they said they worked on their application. It may be that the person you are considering hiring has indicated they have received a degree from a college or university, without checking on it do you know if they are telling you the truth? Background check companies can do the legwork so that you can feel confident in the person you are considering working in your building.
     The importance of making sure you are hiring the right person for a position is revealed when we consider what exactly is meant by “Negligent Hiring” or “Negligent Retention”. According to the website smallbusiness.findlaw.com, referring to negligent hiring or negligent retention, “The most common example of this is to hold the employer liable for the criminal conduct of an employee which is obviously outside the scope of employment. The basis for liability is that the employer acted carelessly in hiring a criminal for a job that the employer should have expected would expose others to harm.” In other words, if you don’t take precautions in your hiring practices and you hire a person with a criminal history and at some point an altercation or assault takes place, you may be held responsible. The website goes on to say, “… to avoid liability for negligent hiring, an employer should always run a background check on an employee…” http://smallbusiness.findlaw.com/liability-and-insurance/an-employer-s-liability-for-employee-s-acts.html   It appears the only conclusion that can be made from this is that a pre-employment screening is the best way to keep from becoming liable in a lawsuit should one of your employees become involved in a fight, especially if injuries are sustained by the victim.
     A background check company can be invaluable in your efforts to hire the best applicants and keep your business a safe place for customers and employees alike. Lawsuits are expensive and can drain your bank accounts, let professional investigators keep your company profitable.
Need information on a background check company? Give us a call at 1.770.426.0547 now.

Did you know that as an employer you could potentially be held liable if someone you hire injures a customer or another employer? The internet is filled with videos of employee – customer altercations, some initiated by the customer and some by the employee but in all the situations the images are disturbing. I happened to see one video of a well-known fast food chain employee beating up a woman in front of the woman’s two-year old son. In this case the assault took place outside of the restaurant but the uniform was a dead giveaway and the NBC news affiliate website reported where the employee worked. In another video several employees from another fast food chain got into a fight with a patron. In the NBC6.com story it was reported that the customer was intoxicated but the employees began the physical altercation by throwing cups at the customer then came from behind the counter and started fighting. Videos also abound of employees fighting each other in retail stores, fast food restaurants and other locations. While one must be careful not to conclude that these videos are representative of the majority of American workers, it would be unwise to dismiss the possibility that this could happen in your business. There is also a possibility that if a fight takes place in your business and it involves one or more of your employees, you could be held responsible for injuries under “Negligent Hiring” and/or “Negligent Retention” Laws. To protect your business, employees and customers, it is wise to hire a background check company to conduct pre-employment screenings of applicants.

A background check company can dig into the personal history of someone you may be considering bringing onto your team. While your job application may ask if someone has been convicted of a felony, what resources do you have at your disposal to verify if the applicant lies and does not disclose a criminal past? In addition to conducting criminal background checks, a pre-employment screening can determine if the person has worked where they said they worked on their application. It may be that the person you are considering hiring has indicated they have received a degree from a college or university, without checking on it do you know if they are telling you the truth? Background check companies can do the legwork so that you can feel confident in the person you are considering working in your building.

The importance of making sure you are hiring the right person for a position is revealed when we consider what exactly is meant by “Negligent Hiring” or “Negligent Retention”. According to the website smallbusiness.findlaw.com, referring to negligent hiring or negligent retention, “The most common example of this is to hold the employer liable for the criminal conduct of an employee which is obviously outside the scope of employment. The basis for liability is that the employer acted carelessly in hiring a criminal for a job that the employer should have expected would expose others to harm.” In other words, if you don’t take precautions in your hiring practices and you hire a person with a criminal history and at some point an altercation or assault takes place, you may be held responsible. The website goes on to say, “… to avoid liability for negligent hiring, an employer should always run a background check on an employee…” http://smallbusiness.findlaw.com/liability-and-insurance/an-employer-s-liability-for-employee-s-acts.html   It appears the only conclusion that can be made from this is that a pre-employment screening is the best way to keep from becoming liable in a lawsuit should one of your employees become involved in a fight, especially if injuries are sustained by the victim.

A background check company can be invaluable in your efforts to hire the best applicants and keep your business a safe place for customers and employees alike. Lawsuits are expensive and can drain your bank accounts, let professional investigators keep your company profitable.

 

Need information on a background check company? Give us a call at 1.770.426.0547 now.