WARNING!!!! CRIMINAL HIRED!!!!
Consider this scenario. Employer “X” contracts with a Fortune 500 company to perform “door to door cable sales”. The Fortune 500 Company does have a contract with Employer “X” to insure that background screening is performed, but never checks the credibility of the background checks they’re supposedly running.
Employer “X” hires 2 Sales Reps to sell cable in residential neighbors, but conducts no criminal or background search prior to hiring. Both Sales Reps gets into a verbal altercation with a customer of Employer “X”. The verbal altercation leads to a physical altercation with the one of the Sales Reps beating up the customer. The other Sales Rep smashes a window and destroys the customer’s property. The customer ends up in the hospital and suffers physical injuries. After Employer “X” is sued by the customer, it comes to light that both Sales Reps have a criminal record for assault and battery including theft. The customer also sues the Fortune 500 Company for failure to insure that Employer “X” has performed the necessary background checks for both Sales Reps. The news media gets involved and although they mention the name employer “X”, they have a field day blasting the fortune 500 company all over the internet and local news stations! Customers are now worried about opening their doors to a Cable Door to Door Sales Rep and the Fortune 500 companies sales drop 35% Nationwide!
Employer “X” is sued for, among other claims, ”negligent hiring”, but the Fortune 500 company has deeper pockets and thus winds up with a multi-million dollar law suit against them and a mountain of legal costs!
So, what exactly is negligent hiring? This “negligent hiring” holds employers responsible to third parties who are injured by employees when the employer has failed to carefully select competent and safe employees.
In essence, the claim is that Employer “X” and the Fortune 500 company were both obligated to their customer to insure that a thorough criminal background check was performed.
READ THIS!
The Tort Reform Act of 1999 provides employers with a defense to negligent hiring claims if they conduct effective pre-hiring background checks. The statute, entitled “Employer Presumption Against Negligent Hiring” applies to negligent hiring claims against an employer based upon negligent acts taken by that employer’s employee.
The statute creates a presumption that an employer exercised reasonable care in selecting an employee if the employer conducted a “background investigation” that “did not reveal any information that reasonably demonstrated the unsuitability of the prospective employee for the particular work to be performed for the employment in general.”
This is why a Criminal Background Check is imperative to ANY employer, but more crucial for employers who hire employees that work in the Home Service Industry, especially if they enter a customer’s home.
To obtain the benefit of this presumption, the employer must:
2. Make reasonable efforts to contact references and former employers of the prospective employee concerning the prospective employee’s suitability for employment.
3. Require that the prospective employee complete a job application, which includes questions concerning whether the prospective employee has ever been convicted of a crime.
4. obtain, with authorization from other prospective employee, a check of the driver’s license record (if relevant to the work to be performed); and
5. Interview the prospective employee.
Thus, all employers should conduct background checks that comply with requirement numbers 1-5 above.
Why Choose Protection Plus Solutions??
Protection Plus Solutions, provides the most comprehensive background screening services for “door to door sales”.
We provide monthly monitoring, not annually of your Sales Reps and Sub-Contractors. We also make each Sales Rep and Sub-Contractor sign a waiver allowing corporate the ability to review information about the Sales Rep at all times.
Protection Plus Solutions ID Badging system allows home owners, business owners, and law enforcement the ability to review information about your sales rep 24/7 by logging into our secured website.
Wouldn’t you want to know NOW if your Sales Rep got into trouble after they’ve been hired? Our CrimSPY feature monitors your Sales Rep every month. Safe and Secure background screening is what Protection Plus Solutions is all about. Contact us today, hire safe and smart with PPS!
www.protectionplussolutions.com
1 877 725-5412
email us at: support@protectionplussolutions.com
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