These lawsuits can cost companies a lot. Before being hired, the guard had only partially completed Kmart's employment application and didn't furnish full addresses for his past residences, according to the court records. Had Kmart checked the guard's employment history, it would have found he had been terminated from several jobs. The deliveryman hadn't completed a job application, and the furniture company hadn't checked his background, according to court records. If it had, it would have discovered a history of violent crime.
Background checks can help shield companies from negligent hiring lawsuits.
Courts evaluate many factors when assessing negligent hiring cases, including whether, prior to hiring, an employer could have discovered that an individual posed a risk. California courts also evaluate whether an employer made reasonable inquiries into the person's background. Companies that don't have individuals on staff who can conduct skilled background checks should consider outsourcing the job to companies that specialize in the practice. Twenty percent conceal information such as criminal convictions that could disqualify them. But California hirers face a difficult challenge in their pre-employment screening pursuits.