An Essential, but Treacherous Step in Making the Best Hiring Decisions
These days, it is incumbent upon employers to use various pre-employment testing and background checks to properly vet their prospective employees. Screening can range from a review of credit reports and criminal checks to verification of educational pedigree and references. Additionally, it would seem wise (if not natural) to peruse a candidate’s social media accounts. However, the vetting process can be extremely dangerous if not done properly – resulting in a lawsuit and the considerable legal fees that accompany it. Thus, a delicate balance must be struck in the scope and nature of the pre-employment screening process.
The vetting process for prospective hires is a necessary evil, as employers are under a common law duty to exercise reasonable care in selecting, supervising, and controlling their employees:
Even though pre-employment screening is an absolute must, employers can minimize the risk of being sued by taking certain affirmative actions:
Before implementing a candidate “vetting” program or making a significant hiring decision, it is important to consult an attorney. Contact Matthew J. Simmons at Shepherd Law, LLC, (404) 492-8871 (ext. 103), firstname.lastname@example.org if you would like to discuss this or other legal issues further.