The threat of negligent hiring litigation is a very real threat, not only for the potential employee, but most importantly for the company. Any employer or company runs the risk of being in the wrong end of a lawsuit following negligent hiring practices. When companies or employers are aware that an employee is unfit for the job or duty but hired them, which then resulted to the employee being injured during employment, then the company or employer can be held liable for negligent hiring.

The principle of negligent hiring centers on the idea that every employer has the duty protects their clients and employees from injuries that could be caused by their employees. Protecting the employees as well as “third parties” from any possible negative acts of an employee is part of an employer’s responsibility, thus when the employer hired someone without first conducting any background checks they are liable for negligent hiring.

Conducting pre-employment screening and testing is a must for companies, regardless whether it is a small or big company. According to WorkSTEPS, conducting a pre-employment screening and testing could greatly reduce incidents of abuse and fraud, provide a safer work environment, increase the productivity, and even lower the modifier rates and Worker’s Compensation premiums. Anything that the potential applicant is lacking to qualify for the open job position will be shown when pre-employment screening and testing is done before the hiring. This could potentially save the business from unnecessary lawsuits and preventable accidents.

Any business lawyer will know that protecting the company from potential lawsuits begins with proper background and reference checks. Moreover, different states has their own laws regarding the whole employment process, therefore business lawyers advise that employers follow state laws regarding the whole hiring process if they want to avoid legal issues such as negligent hiring or wrongful termination lawsuit, among others. Any legal issues that will be put against an employer by their employee can be bad for business, and could potentially make or break the company.  If the employer wishes to avoid such legal problems, then proper pre-employment screening and testing (in accordance to the law) would be the best answer.


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