If you fail to do an employment background check on applicants for certain positions, you could make your organization vulnerable to a negligent-hiring lawsuit by any worker or customer who’s been hurt by a violent employee.
A number of court decisions have established the principle that an employer has a “duty of care” to protect workers, customers and clients from injury caused by an unfit employee who an employer knew (or reasonably could have been expected to know) posed a risk.
An employer may be held liable for negligent hiring if it’s shown that:
1. An employee intentionally injured a co-worker, customer or client.
2. Few, if any, pre-employment checks were performed, and that if they had been, those checks would have likely revealed a worker’s propensity toward violent behavior.
3. The employer, knowing a worker’s propensity toward violence, did not provide proper supervision and security.