Background checks are a critical tool for employers to help avoid liability for negligent hiring—but navigating the myriad federal, state and local laws that govern such investigations can be a difficult task.
Why do employers typically get sued for negligent hiring? Because they knew or should have known about an employee's potential to cause harm, said Lester Rosen, an attorney and the CEO of Employment Screening Resources, a background screening firm based in the San Francisco Bay Area.
"The background check is not to tell you who to hire but who not to hire," he said during a concurrent session at the SHRM Talent Conference & Expo 2022 in Denver on April 12.
If you don't do background checks at all or don't do them correctly, you're likely to become the defendant in a lawsuit, he said.
Here are six tips that employers should keep in mind during the hiring and screening process.
1. Check for potential issues from the start.
Carefully review the application with a critical eye, Rosen said. Did the job applicant sign the application and release, identify past employers and supervisors, and explain why he or she left past jobs or has employment gaps?
2. Use an accredited background screening company.
Not all background screening firms are created equally, Rosen noted.
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