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Negligent Hiring...Passing Around the Bad Apple

NCJ Number
216828
Journal
Law and Order Volume: 54 Issue: 12 Dated: December 2006 Pages: 55-58
Author(s)
Sean Douris
Date Published
December 2006
Length
4 pages
Annotation
This article discusses liability issues surrounding negligent hiring and the need to use an effective pre-employment screening process in order to minimize the risk associated with the hiring process.
Abstract
Law enforcement is a job field more associated with public contact than other jobs. It is critical that the right person be hired for the job. For this reason, the employer has a higher duty of care to conduct a thorough background investigation of its employees in these situations. Law enforcement agencies primarily rely on three screening tools in screening job applicants: an application, the interview, and the background check. Completion of a detailed employment application, requiring at minimum, an employment history, education, and references functions as the starting point. An interview with the candidate consists of a panel of sworn employees and assesses an individual’s capabilities and personality. Completing a background check and interviewing a minimum of three references are the best ways to avoid a charge of negligent hiring. References and background checks should be contacted before any job offer is made. In negligent hiring, the liability is tremendous as the results are often disastrous. However, by using an effective pre-employment screening process, an employer can hope to minimize the risk associated with the hiring process. The utilization of a human resource staff member who is trained to effectively conduct standardized, thorough, and documented background investigations could potentially save a law enforcement agency from expensive litigation, or a loss of human life.