Negligent hiring/retention adds to human resources woes

Article Abstract:

The rising number of court decisions in favor of plaintiffs that are based on negligent hiring/retention laws have put increasing pressure on human resource (HR) professionals to obtain more detailed and accurate information on prospective employees. The courts hold employers accountable for negligent actions of employees linked to third-party injuries when information that employees were unfit for their jobs was available to the employer before or after hiring and such information was used to make a decision to reduce the employee's threat to the public. HR professionals should obtain more complete information on job applicants by: requiring all applicants to complete an application that meets employment laws, including written permission to verify the form; using the interview process to clarify the application; and checking all references.

Cases, Employee retention, Actions and defenses, Litigation

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How to navigate the river of legal liability when hiring

Article Abstract:

The tremendous increase in liability cases against businesses (especially in personnel and security operations) makes it essential that personnel directors make careful hiring decisions. They must screen out those who are liable to resort to inappropriate behavior. However, the most effective screening techniques are not the typical screening procedures such as interviews, applications, reference checks, and polygraph tests, but the paper-and-pencil integrity test. Thorough screening techniques can help mitigate liability claims.

Analysis, Employment discrimination, Employment tests, column

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Employees responsible for expressing interest in job opportunities

Article Abstract:

It is up to employees, not their bosses, to make known their desire to be considered for available positions in a company. A recent decision of the Ninth Circuit Court of Appeals held that a company did not have to poll all of its workers about an available job before offering it outside the firm. Employees, the court said, have to apply for a job before the employer bears a responsibility to consider them.

Case studies, Employee rights, Employee promotions

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