Whenever an employer makes a hire, either of an employee or a temp worker, they have the burden to "exercise reasonable care for the safety of others."
Lawyers call that “due diligence.”
The employer’s duty to exercise due diligence means they know, or should know, if a potential new employee represents a risk to others while carrying out the job they are hired for.
When an employer fails to exercise due diligence and a person is harmed by an employee, that employer can be sued. The name of the legal action is “negligent hiring.” And lawsuits for negligent hiring are reportedly one of the fastest growing areas of tort litigation.
In this three-minute video segment below, I discuss three misconceptions about doing due diligence in background screening.