Workplace violence -There are  2 million workplace assaults each year. 

Employee theft - 33% of employees admit to stealing a product or money from jobs in the last three years. It is estimated that 30% of business failures are directly related to employee theft. (U.S. Department of Commerce)

Falsified resumes - 53% of job applications contained false information.  (The Society for Human Resource Managers)

Retention - It costs $7,000 to replace a salaried employee, $10,000 to replace a mid-level employee, and $40,000 to replace a senior executive.  (Recruiting Times)

Negligent hiring - Employers lose 79% of all negligent hiring suits and the average jury plaintiff award in employment law cases continues to be in excess of $1.6 million.

Recent lawsuits -  Courts have ruled that "an employer has a general duty to check criminal records for employees who will have interface with the public, or who could have a foreseeable opportunity to commit a violent crime against someone in the course of their employment."

• In Ward, et al. v. Trusted Health Resources, Inc., et al., Trusted Health was ordered to pay $26.5 million dollars to the family of a murdered patient. 

• Kerby, the vacuum cleaner manufacturer, was held liable for $45,000 because one of it's distributors hired a door-to-door sales person with a criminal record who raped a female customer in her home.

• Deerings West Nursing Center was held liable for $235,000 for negligent hiring of unlicensed nurse, with 56 prior criminal convictions, who assaulted 80-year-old visitor.

• A furniture company was found liable for $2.5 million for negligent hiring and retention of a deliveryman who savagely attacked a woman customer in her home; Tallahassee Furniture Co., Inc. v. Harrison.

Better Hiring Practices

Don't use generic employment applications. They look unprofessional, and frequently don't meet current legal standards. Instead, create a customized application. But, before going to press, have it reviewed by an attorney to ensure it complies with applicable federal and local law.

Get a signed release of liability from each applicant. In addition to the notifications and authorizations required by the Fair Credit Reporting Act, the release should be fashioned to protect the prospective employer from any invasion of privacy claim that might arise during the pre-employment screening process, as well as any investigations initiated after retention. The release should authorize, the examination and use of public records, communication with former employers, reference checking, and any investigation relating directly to employment.

Interview thoroughly and consistently. Use trained interviewers, and ensure that they know what can, and cannot be asked.  Allow the applicant to thoroughly explain experience, education, certifications, and any gaps in employment. Retain all notes as part of the applicant's permanent file, and initiate a system of capturing and archiving interviews on video.

Request references. Ask the applicant to provide the work and home telephone number of every reference provided. Follow up by obtaining additional names from the references to interview.

Conduct a thorough and complete background investigation. In most states, an applicant's driving history and criminal history (if any) are public record and available to perspective employers.  A history of bankruptcies, tax liens and unfavorable judgments are also red flags. 

All background checks are performed in our Ventura County location.  Please contact us to have someone promptly call you regarding our employee background check services.