Avoiding Negligent Hiring: Tips for Improving Your Hiring Process

Negligent hiring occurs when a company fails to exercise due care during the hiring process. It can also refer to an employer hiring an employee who lacks the necessary skills, experience, or education for a job. You can also be liable for negligent hiring if you knew about an employee’s dangerous behavior and still proceeded to hire them. As an employer, it is crucial that you understand the negative effects of negligent hiring practices if you want to stay on top of your game. Having an unqualified or untrustworthy employee in your company can result in workplace catastrophes. An unqualified employee could harm another worker or a client, resulting in legal claims being filed against you. One wrong hire can have a long-lasting impact on your company’s operations, culture, and finances. A wrong hire can damage your company’s reputation for years to come.

Fortunately, there are several steps you can take if you want to reduce the risk of negligent hiring. One of these steps is to create an effective recruitment process. With a proper hiring process, you can ensure you only hire high-quality employees. So how can you improve your recruitment process?

Tip #1: Create a Job Listing That Accurately Describes What You are Looking for

The first thing that a job applicant interacts with is the job description. Ensure that when you advertise a position, you write a job description that accurately describes what you are looking for in a candidate. Be specific about the job’s requirements and ensure the applicant understands your company’s culture. A properly-written job description can help eliminate people not suited for the job.

Tip #2: Analyze Candidates’ Applications

After you advertise a job vacancy and start receiving applications, you need to review the applications. You can have one person or more than one person do this. Reviewing applications will help you eliminate candidates who are not fit for the job.

Tip #3: Use a Formal Interview Process

Once you have narrowed down your viable candidates, conduct formal interviews. These are interviews where you plan and prepare questions. They are interviews conducted by higher-level executives or managers who observe and evaluate an applicant’s answers to their questions. With a formal interview, you can assess a candidate’s skills, values, and attitude and determine if they fit the role.

Tip #4: Conduct Background Checks

It may be a good idea to conduct criminal background checks. However, keep in mind that background checks must be conducted in compliance with applicable laws. For example, according to California law, you cannot inquire into a candidate’s criminal history before making a conditional offer of employment.

Tip #5: Have Applicants Perform Applicable Assessments

Depending on the job, you may want candidates to perform applicable assessments before you make the final decision. Assessments may not be necessary but can help you determine if someone can perform the responsibilities of the role.

Contact Us for Legal Help

If you need help reducing the risk of negligent hiring, contact the experienced employment attorneys in San Francisco at SAC Attorneys LLP.