Here Comes Trouble: How to Avoid Negligent Hiring

When hiring a new employee, there are so many aspects to take into consideration:

• Does this person have the right skills?
• Will they work well with the rest of the team?
• Will they be someone I can depend on to stay long-term?

But there is one question that should also be considered when hiring a new employee: Will hiring this person get my company in trouble?

You hire a new accounting employee that will have access to sensitive information relating to your customers. She has the right experience, appropriate certification, and a great attitude that you feel would fit in well with the company.

Then you begin receiving concerning calls from your customers, all with the same issue – someone has been using their social security number illegally. Doing some digging, you realize that all of this started after hiring your new accounting employee. You have a background check run on her and you find out that in the past few years, she has had multiple convictions related to fraud and identity theft.

After a conversation with the employee, you realize she has been using your customers’ information and you terminate her for the misconduct. But even though you have gotten rid of the employee that caused the problem, you are now left with angry customers who may not trust your company with their information anymore or may even be considering legal action since it was your employee who stole their information.

This is an instance of negligent hiring, which is when an employer fails to use due diligence in hiring an employee. While many states have laws in place that limit an employer’s liability, hiring someone without doing your due diligence to ensure they would not pose a threat, such as giving an employee access to social security numbers who was convicted of identity theft in the past, could land your company in hot water.

Consider what is required for the job:

• Does the position have a heightened safety risk, such as driving a semi-truck across state lines or operating heavy machinery?
• Consider conducting regular drug screening to ensure they are not under the influence.
• Are certain licenses or certifications required for the job? Verify their licensure or certification at hire.
• Will this person be working with at-risk populations such as children or the elderly?
• Will they have access to sensitive information for customers or clients?

You should conduct background screenings to ensure they do not have recent convictions involving physical violence or abuse. A background check can also disclose any convictions that involve identity theft or fraud.

While taking these steps can’t guarantee that the employee won’t take advantage of your clients or be a safety issue, they will help in identifying those that have a higher risk of this and will also show you took steps to lessen the chance of one of your employees causing harm to others.