Financial institutions, hi-tech companies, medical and government contractors have a responsibility to vet their employees to protect themselves and their cliental. This vetting process includes two primary documents. First the résumé. This document contains a summary of the person’s education, training, pervious experience and qualifications. The second document is the application for a background check.
Employer Negligence in Workplace Duty of Care
Negligence in employment is where the employer is held liable for the actions of an employee because the employer was negligent in providing the employee with the training and guidance to engage in an act. The elements in negligence in all incidents of employment are that the defendant (i.e., employer) owed them a duty of care, that the duty was breached, the claimant was injured as a result of the breach, and that the injury to the plaintiff was a reasonably foreseeable consequence of the breach.
Types of Employer & Employee Negligence in the Workplace
The four areas of concern are:
• Negligent Hiring – that the employee had a history of misuse of authority, and this record is discoverable by the employer, had the employer exercised ‘due diligence’.
• Negligent Retention – is when an employer fails to remove an employee from a position of authority or responsibility after that employee had shown misuse of that authority or responsibility, and this posed a danger (physically, financially or reputation) to others.
• Negligent Supervision – the party fails to monitor or control the actions of an employee.
• Negligent Training – the employer fails to ensure that the employee is trained and capable of performing the duties for the position of employment.
Importance of Pre-Employment Background Checks
Part of this vetting process includes at least some of the claims presented in a résumé are not fabricated. Checking on scholastic achievement would be basic. Former employment should be checked. Other achievements would be work experience, extra training and other items that appear to be inconsistent with the overall profile.
Background checks could be basic. But as the level of trust rises so does the depth of the inquiry into the moral fiber, honesty and any connections to criminal or international exploitation. The employer is evaluating past mistakes (we all have them), character and fitness to fill a position. Risk management also evaluates risk potential for safety and/or security reasons. Hi-tech government contractors must vet their employees to a high level of confidence.
Background Check of Employment History & More
Some of the questions and inquiry conducted during a background check are:
• Academic Verification – Educational records
• Associates – Some background checks for national security include past contacts, friends and associates.
• Gaps in employment history – Employment records
• Character Reference
• Credit History – Credit history, liens, civil judgments, bankruptcy and tax history. Credit histories are very controversial as false information or reliability of the sources are in question.
• Criminal History
• Citizenship, immigration or legal working status
• Litigation history – Discrimination lawsuits or other employer related civil court actions. Limited to no more than 7 years previous the date of application.
• Driving and vehicle records – Important to vet drivers of company vehicles
• Drug tests – Many businesses now test for recreational drug abuse.
• Medical and psychological evaluations.
• Licensing History – Prior business licensing and permits
• Military History – Not as common as was in the past 50 years or so but some employers still are interested military discharge records.
• Polygraph Testing – Common in government and related employment fields.
• Social Security Number – Because of the high incident of identity theft, insufficient citizenship or immigration status fraud or concealment of a ‘past life’ SS Number verification is now part of the vetting process. Identity resolution ensures that the records in a data set refer to the same entity across different data sources.
Employee Screening & More in Greater Miami, Sunny Isles, Fort Lauderdale, Boca Raton & Miami Gardens Florida
Background checks are conducted to primarily protect the employer and prove the fitness of the applicant. They are becoming much more prominent and increasingly part of the hiring process. Background checks for basic purpose can be an inhouse activity or all levels contracted to a private investigation firm.
Advanced Private Investigator & Security of Fort Lauderdale Florida offers thorough background checks and other private investigator services. Contact us today!
