RESPONDENT SUPERIOR

Employers are responsible for the acts of their employees when tasks are performed on behalf of the employer and in the employer’s general interest.

NEGLIGENT HIRING

The failure of an employer to exercise reasonable care in selecting an applicant in light of the risk created by the position to be filled.

NEGLIGENT REFERRAL

Not supplying sufficient information to a prospective employer can provide the foundation for a “negligent referral” lawsuit.

NEGLIGENT RETENTION

Retaining an employee after the employer became aware of the employee's unsuitability, thereby failing to act on that knowledge.

NEGLIGENT SUPERVISION

Failing to provide the necessary monitoring to ensure that employees perform their duties properly.

EMPLOYMENT VERIFICATION CHALLENGES

Past employers disclose only the most basic employment information due to legal liability. Problem applicants are very aware of the system and are the most likely to falsify information and omit past employers. Within the current system, there is little ability to detect past employers who have been omitted from the employment application.

Those seeking information from a past employer run into various time-consuming obstacles such as unavailability of correct personnel, completion of release forms, restricted hours to obtain information and slow response efforts by the provider. “Informal” sharing of information and networking can create greater legal exposure, and may not satisfy increasing due diligence obligations because of lack of documentation.