Employer Liability arising from not conducting a complete employment screening background check.
A growing body of case law referred to as Negligent Hiring Practices holds companies responsible for the misdeeds of employees working on their premises or working anywhere on the company’s behalf who, based upon their prior history could have been expected to act irresponsibly or illegally.
Companies lose about 79 percent of negligent hiring lawsuits brought against them.
Negligent hiring case law provides that anyone injured by an employee’s misdeeds such as another employee, customer, or a member of the public, would be in a position to collect damages from the company as a result of its negligent hiring practices.
The company’s primary defense in such a suit is to show that it used due diligence in checking the employee’s background prior to hiring.
Here is an example of serious consequences arising from the failure to properly screen an employee. In fact, in this case the applicant was not screened at all.
An officer who was seriously injured when a taxi driver allegedly shot him in the head is suing the Alexandria Yellow Cab company for 10 million dollars, alleging negligent hiring.
Kashif Bashir allegedly shot Alexandria police Officer Peter Laboy in the head Feb. 27 2013 as Laboy attempted a routine stop of Bashir’s taxi. Bashir was charged with aggravated malicious wounding, attempted murder of a law enforcement officer and two counts of using a weapon in the commission of a felony.