Negligent Hiring Practices

 

Some of our best clients are firms that have been burned in the past!

        A pharmaceutical executive had to fire one of his "best" employees for pilfering prescription drugs and selling them on the street.

 

        A Rent-a-Car Company recently paid $750,000 to an employee who was raped by another employee who had a criminal record for rape and aggravated assault.

 

        In 1999, a healthcare provider was ordered to pay $26.5 Million dollars to the family of a patient murdered by one of their employees.

 

        In its first background check, one Hotel found an applicant falsified his application and was convicted for possession of drugs.

 

        Another firm had no idea eight felons were among its employees; and two were on trial.

 

        In purchasing a company, the labor attorney recommended a background search on all employees before the deal was closed. The search revealed 8% of the workforce was using falsified social security numbers.

 

        A guard service was found guilty of negligent hiring after it was determined the service had not adequately checked an armed guard's background, which included a criminal record. The damages paid were over $300,000.

 

        An employee who had previously been convicted of passing bad checks forged signatures on sales contracts. The court judged his employer negligent and awarded $175,000.

 

        An Appellate Court awarded $4 million to a woman who was raped by an employee. His employment application indicated no criminal convictions, when in reality he had.

 

        A hospital was found negligent in hiring a kidney transplant coordinator who was unskilled in reading medical charts and a patient was given a transplant of a cancerous kidney which resulted in his death.

 

        After driving for a telephone company for only a week, an employee was involved in a traffic accident. The jury learned that the company never saw the employee's driver's record which had five traffic tickets within 18 months. They awarded the injured party $550,000.

Courts throughout the U.S. declared "prior to the time the employee is actually hired, the employer ... should have known of the employee's unfitness" and is liable if they did not perform an adequate background investigation.

Negligent hiring litigation is a growing problem!Damages against negligent employers are being awarded where the employer failed to perform a reasonable search into the employee's background prior to hiring. Courts have ruled that "an employer has a general duty to check criminal records for employees who will have interface with the public, or who could have a foreseeable opportunity to commit a violent crime against someone in the course of their employment".

Today's litigious society has created an environment, which requires management to be armed with numerous tools.Many employers currently spend little time verifying the accuracy of employment applications; and, although they would like to adequately screen applicants, the cost to do so has, in the past, been financially prohibitive.

Don't fall victim to a bad apple in your basket, let us pre-screen your employees to help preserve your treasured assets!

 

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If you would like us to conduct an investigation, please e-mail us:

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(602) 867-4644

(951) 351-9645

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