Liability for negligent hiring The importance of background checks

1995 ◽  
Vol 36 (5) ◽  
pp. 74-81
Author(s):  
J Clay
2020 ◽  
Vol 9 ◽  
pp. 577-587
Author(s):  
Julia Rushchenko ◽  
Ihor Rushchenko ◽  
Olena Plakhova

In the wake of the corporate scandals linked to negligent hiring, many organisations worldwide have prioritised background investigations to avoid harm or legal liability and ensure safety of their assets, employees and clients. Negligent hiring takes place when an employer fails to verify that a prospective employee may pose a threat to their company. The article discusses the process of pre-employment screenings aimed at mitigating the risk of corporate fraud, unethical behaviour and organisational deviance. The goal of the article is to analyse a methodological basis for pre-employment background checks carried out by the in-house recruitment experts or third party employee screening companies. A large number of the existing studies have examined the theory and policies of pre-employment screenings, have scrutinised functionality and efficiency of background investigations and have addressed the methods used as part of this process. However, prior research has not identified a comprehensive and integrated technique of carrying out a pre-employment background check. To fill this gap, the paper suggests a vacancy-specific background screening of potential candidates according to the previously defined security criteria formulated in the article. The objective of the abovementioned approach is to generate an effective mechanism of identifying the so-called “risky hires” before the onboarding stage of recruitment. It is argued that both risk evaluation and pre-employment assessments of candidates should be viewed as a standard business practice integrated into a comprehensive hiring corporate policy.


2021 ◽  
pp. 1-30
Author(s):  
David McElhattan

The threat of negligent hiring lawsuits is thought to play an important role in the widespread use of criminal background checks among US employers. This article examines the construction of negligent hiring within the trade literature of the human resources (HR) field using a qualitative content analysis. While courts tend to view criminal record checks as unnecessary for occupations that do not carry foreseeable risks, the article finds that the HR field has broadly endorsed criminal record checks as the default practice for screening job candidates. The article argues that this divergence stems from the structured uncertainty of compliance under the common law tort of negligent hiring, which shapes organizational behavior in ways that defy the substantive clarity of relevant case law.


2020 ◽  
Author(s):  
Chelsea A. Binns ◽  
Robin J. Kempf
Keyword(s):  

2021 ◽  
Vol 26 (6) ◽  
pp. 1-1
Author(s):  
Thomas Schroeder
Keyword(s):  

2016 ◽  
Vol 8 (1) ◽  
pp. 212
Author(s):  
Robert John Zagar ◽  
Agata Karolina Zagar ◽  
Kenneth G. Busch ◽  
James Garbarino ◽  
Terry Ferrari ◽  
...  

<p>The goal is to share policy implications of sensitive, specific internet-based tests in place of current approaches to lowering violence, namely fewer mass murders, suicides, homicides. When used, internet-based tests save lives and money. From 2009-2015, a Chicago field test had 324 fewer homicides (saving $2,089,848,548, <em>ROI</em>=6.42). In 60 yrs., conventional approaches for high risk persons (e.g.,. inappropriately releasing poor, severely mentally ill) led to unnecessary expense including yearly: (a) 300 mass murders (59% demonstrating psychiatric conditions); (b) 1-6% having costly personnel challenges; (c) 2,100,000 “revolving door” Emergency-Room (ER) psychiatric admissions (41,149 suicides, 90% mentally ill); (d) 10,000,000 prisoners (14,146 homicides, 20% psychiatric challenges). Current metrics fail [success rates from 25%-73%: (1) for background checks (25%); (2) interviews (<em>M</em>=46%); (3) physical exams (<em>M</em>=49%); (4) other tests (<em>M</em>=73%)]. Internet-based tests are simultaneously sensitive (97%), specific (97%), non-discriminatory, objective, inexpensive, $100/test, require 2-4 hrs.</p>


Sign in / Sign up

Export Citation Format

Share Document