Claims for negligent supervision are still fairly new in most states, but the number of such claims is likely to grow. A claim that an employer failed to take proper care in supervising its employees fills the gap between a claim for negligent hiring and a negligent retention claim. The best way for an employer to avoid negligent supervision claims is to pay close attention to the conduct of employees after they are hired, to take prompt action if observation indicates that a particular employee may be behaving inappropriately, and to clearly document such actions and observations as they occur.
The success of a claim for negligent supervision or negligent retention may also depend on whether the employee or injured individual has brought claims under the state antidiscrimination laws. Another more recently seen claim is that of negligent training. Negligent training claims are basically a variant of negligent supervision.
Negligent training claims are similar to the other negligence claims listed previously. Common negligent training claims include the following:.
Employers that seek to minimize the likelihood of negligent hiring and negligent retention lawsuits are increasingly relying upon the services of private investigators to help them make prudent hiring decisions. Private investigators depend on computer databases or courthouse records to produce the information they seek. Because private investigators are expensive, most companies decide to limit the use to candidates for managerial or upper management positions.
Therefore, employers should implement internal measures to reduce their legal liability in the area of negligent hiring. Employee B is injured and files a negligent hiring claim against you. You did not conduct a background check. Since Employee A had a history of assault, you are liable for damage done to Employee B.
Damages for wrongful hiring practices are enforced by states. In Rhode Island, negligent hiring is when an employer does not exercise care in selecting an employee who is competent and fit for the position. Overall, states recognize negligent hiring as damaging to a business, its employees, and its customers.
Negligent hiring comes from placing a candidate without researching their background. To avoid negligent hiring claims, be thorough with your research. You also need to screen, interview, and conduct pre-employment testing to learn more about each candidate. You might need to perform more tests, depending on the industry you are recruiting for.
Some tests might look at medical exams and driving records. Keep in mind that the tests you conduct need to be reasonable and nondiscriminatory. Or, suppose an employment agency places a worker in a controller job in a finance office. The employee embezzles thousands from the company, and it's discovered that the agency did not, in fact, run the thorough background check they had claimed to. The company would have a case against the agency.
Negligent hiring claims may be more common in some industries, especially those with special access to homes or money, or those involving caregivers, such as:.
To avoid potential negligent hiring claims, an employer should fairly and thoroughly verify claims and check employee backgrounds. Employers covered by Title XII of the Civil Rights Act risk lawsuits if they use hiring policies that could disproportionately affect a protected group, such as one based on race or national origin.
Since nonwhites are arrested and convicted at higher rates than whites in the U. Employers should check employment and personal references, verify employment history, and attempt to speak with former supervisors.
Employers should also validate college degrees reported by job candidates and perform credit checks for applicants to jobs involving handling money. Drug screening is another important step, particularly for potentially hazardous jobs. Employers may also require physicals in some occupations, such as truck driving or any job that entails a lot of strenuous physical activity.
Driving records and driving history should be checked for any job that requires driving or the use of company cars or machinery. Companies should also confirm that other claims made by the applicant such as why they left a previous employer, why they had an employment gap , or why they have been job-hopping are true. While employers must do diligent background checks, their checks must be fair and nondiscriminatory. Background checks of people who are candidates for the same job should be the same.
A clear connection should exist between the background checks conducted and the requirements of the job or of basic employment. American Bar Association. Actively scan device characteristics for identification. Use precise geolocation data.
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