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The best indication of future performance is past performance...
Many states recognize the employer's obligation to check its employees' background and have adopted negligent hiring laws. Under this legal theory an employer can be held responsible for injuries caused by their employees if it is shown the employer failed to conduct appropriate research such as reference checks and investigation of criminal record, driving records, and other background information that would have identified a predisposition of misconduct. An employer may be found liable for negligent hiring when an employee causes harm to a coworker, customer or member of the general public.
Could this be your company?
Tallahassee Furniture Co., Inc. v. Harrison awarded $2.5 million for negligently hiring a delivery man who savagely attacked woman customer in her home. According to the lawsuit, the employee had a criminal history of violence that could easily have been identified during a background check.
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