Negligent hiring generally happens when applicants who have been tried by a court for various reasons of offence, litigation, misconduct are hired for employment. When it is demonstrated that an employee was unfit to occupy a position owing to criminal proceedings, the negligence of retaining him is summarily with the employer. An employer must scrupulously screen every employee by outsourcing reference checks and investigation of his background. There lies a high responsibility with employers to go into legal fitness and clear guidelines when hiring applicants.
There is a dual mistake of not only hiring him by negligence but continue to retain him service. When an employer hires a person with troubled background, he must relive him at the earliest before legal proceedings could be filed on the employer. When adequate screening is not in place, the employee selection has to be given a high price. He may be looked at as a threat or one who can willfully pollute or destabilize the working environment. To the maximum all investigating agencies should work out. An employer has the right to know if any employee has been convicted locally or nationally, and thoroughly explore the candidate’s records.
(Bob Kimball, 2004). The examples may be the case of a truck driver who had no proper training and booked for speeding tickets in the past, succeeded to secure a job dishonestly; a property manager who indulged in criminal breach of securing access and trespassing through fake cards. It could be an unlicensed nurse causing injuries, or a security guard who siphoned off money from ATMs. The negligence of the employers would make them accountable for the wrongful acts of erring employees who were hired by negligence.
It cannot be weighed as an offence when an employer seeks private access to information about a prospective employee. It is the sole responsibility of an applicant to declare all vital information relevant to be disclosed when hired for employment. In the event of not succeeding in tracing out any pre-employment black dots, an employer may under the direction of corporate legal attorney, could make use of agencies to probe on an employee after hiring. Having hired an employee by negligence, an employer to verify the shady activities can infringe, barge and scan the telephone calls, lockers and emails confidentially.
In order to ensure the right practice of screening, a non-disclosure and competing agreement has to be signed by every new employee. The level of screening is proportionate with the position occupied. Roughly half of the states legally recognize that an employer is responsible for, and can be held accountable for, checking the background and references of any job applicant before placing that applicant in a position of high public contact. Employers have been found liable for negligent hiring or retention of dangerous or incompetent employees in most states.
(USlegal. com) Every employer should train workers under OSHA regulation and impart training in job safety and health. The needs be worked on hazards, accidents, preventions, health audits and general safety. For all the injuries or harm or danger posed by an employee to others, employer is legally answerable. In the event of a worker deputed or transferred to any of their sites, the protector of immigrants covers safety and protection along with the employer who hired him. Reference Bob Kimball, 2004, The book on management, Haworth Press, p: 123-124