Employers just concerned with avoiding liability would conduct a minimal search that would be considered a “reasonable” inquiry by our judicial system, thus helping to protect the company should a negligent hiring lawsuit arise. Since the law has not defined “reasonable,” an employer doing a minimal search is relatively protected from a negligent hiring claim. Global recommends this minimal search include, at least, a social security trace and criminal record searches.
If the employer has goals beyond liability protection, such as their assets, brand, and their employees, the screening process will be more extensive. Therefore, when determining what to include in the background check, employers must look at the various positions within their organization and request such services based on the job classification. For example, in addition to a social security trace and criminal record search, which is recommended for all positions, requesting a credit history report for a staff accountant position or driving record history for a delivery driver position would be both appropriate and highly recommended. Global can assist employers in developing an employment screening program to meet their specific hiring needs.