March 2004
The Importance of Employee Background Checks
Everyday, an estimated 16,400 threats are made, 723 workers are attacked and 43,800 employees are harassed (Alexander Hamilton Institute Employment Law Resource Center). Many of these incidents are carried out by employees who never should have been hired in the first place. Additionally, the monetary repercussions associated with employment issues stemming from poor hiring decisions (i.e., workplace theft, espionage, frivolous lawsuits, etc.) can be devastating, with the repercussions from negligent hiring or negligent retention costing U.S. businesses an estimated $18 billion per year. Employers can be held liable for negligent hiring charges if they know, or should have known (i.e., someone who has been convicted of a serious crime such as physical or sexual assault), that a person they hire is a potential risk to others.
Conducting an effective and comprehensive background investigation is key to avoiding negligent hiring charges. Background investigations, or pre-employment screening, can take various forms and be conducted on various levels. Information available on job applicants ranges from criminal convictions to motor vehicle reports, from worker compensation claims to social security verification, and from sex offender registries to drivers license applications.
Many states also have laws requiring background investigations for applicants for certain positions such as insurance agents or healthcare workers. For sensitive positions, it is not unusual for employers to order investigative consumer reports—reports that include interviews with an applicant or employee's friends, neighbors and associates—according to the Federal Trade Commission, the agency charged with upholding the primary legislation covering background investigations of job applicants.
While negligent hiring charges stemming from an employer's failure to properly interview or investigate an applicants' background have serious consequences, employers must remain cognizant of the rules and regulations regarding an applicant's rights to privacy. It is crucial that employers observe the proper balance between conducting a comprehensive investigation that will stand up to judicial scrutiny, as well as avoid applicant lawsuits from overstepping the bounds of privacy.
Though employers have access to all public information available to conduct a proper background investigation, understanding the often-complex rules regarding requesting information, applicant privacy and employer liability is an arduous and time-consuming process. Defensive hiring services can provide your company comprehensive background information to help you make more informed decisions about job candidates, minimizing the risk of costly hiring errors.
Management Practices to Reduce Liability
* Conduct adequate background investigations on applicants.
* Question applicants about any gaps in employment history to determine how time off was spent (i.e., in prison for crimes).
* Have a third-party check references as thoroughly as possible, speaking with the job applicant's former supervisor, and looking for any clues indicating that an applicant had difficulty getting along with supervisors or co-workers.
* Keep track of how new employees are performing.
* If allegations of workplace threats surface, don't ignore them, investigate immediately.
* Take action when required. Employees that show signs of violent behavior should be immediately removed from the job. Place employees on suspension while you investigate.
Recognizing Workplace Violence Trouble Signs
According to a December 2003 workplace violence survey by the American Association of Occupational Health Nurses (AAOHN) and FBI's National Center for Analysis and Violent Crime, the majority of the U.S. workforce does not recognize potential workplace violence warning signs. Workplace violence is defined as any action that may threaten the safety of an employee, impact an employee's physical or psychological well-being, or cause damage to company property. Offenders often undergo marked changes in behavior prior to committing violent acts, including behaviors such as stopping taking baths, stopping combing their hair, becoming overly defensive or overly argumentative. Is a previously happy employee suddenly withdrawn and surly? Does the employee feel victimized, or is the employee suddenly willing to break the rules? An effective workplace violence prevention program includes training all employees on what signs to look for and how to communicate such information to appropriate company officials.
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