How Can Employers Avoid Negligent Hiring/Supervision?

When an employee harms another person and the employer should have known of the employee’s potential to cause harm but failed to take steps to mitigate the risk (that is, not employing the person), a negligent hiring/supervision claim can be filed. In California, the law makes an employer directly liable for an employee’s recklessness, negligence, or intentional wrongful act when the employer should have known about the employee’s potential to cause harm. Often, employees do not have enough assets to pay for all of a harmed person’s compensatory damages. Employers usually have more money and are more likely to have insurance to cover the actions of their workers.

As an employer, there are several things you can do to avoid negligent hiring/supervision, thus, negligent hiring/supervision claims. Below, we look at some of the things you can do to prevent negligent hiring/supervision.

As an employer, you should conduct thorough research on a person after you receive their resume. It is vital that you confirm whether the details in an applicant’s resume are true. For example, you can do this by contacting old employers the applicant has worked with. It would be best if you decided whether or not to schedule an interview after you’ve conducted thorough research on an applicant.

You should assess an individual’s capabilities before hiring them. For instance, suppose you own a restaurant and are looking to hire a chef or server. In such a case, ensure the applicants you interview understand food hygiene, what foods not to cross-contaminate, and how to prepare surfaces.

Employers in California have the right to conduct drug tests on a pre-employment basis as long as the drug test is implemented and conducted in a just and consistent manner for all candidates applying for a position within a particular job class. Sometimes, employees cause trouble because of the effects of substance abuse. By conducting pre-employment drug testing, you can identify people with drug problems and avoid hiring people who threaten others and your business.

When it comes to existing employees, in California, employers are generally only allowed to conduct a drug test if;

• Reasonable grounds or suspicion exist and justify the test
• There is a clear and present danger to the worker, other workers, or members of the general public.

After issuing a conditional offer of employment to an applicant, it may be a wise idea to conduct a criminal background check. This includes ordering a background check or making other necessary inquiries into a person’s criminal history.

If a complaint is communicated about an employer by a client or another employee, do not take the complaint lightly. If you are informed about an issue, investigate to determine the truth. Failure to do so can result in the employee causing harm to another person and you being held directly liable.

As an employer, you should always observe how your workers interact with each other, clients, and other people. This way, you can identify employees with the potential to cause harm and take appropriate action before it's too late.

If you need help minimizing the chances of being faced with negligent hiring claims, contact the experienced employment attorneys in San Francisco at SAC Attorneys LLP.