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According to the Workplace Violence Research Institute, every day, in workplaces throughout the country, approximately 16,400 workers are threatened, 723 employees are attacked and 43,800 employees are harassed. Annually, there are approximately 600 homicides that occur each year within the workplace. The prevalence of workplace violence and the potential for legal exposure, on the part of the employer, through claims brought for negligent hiring, negligent retention, negligent supervision, and inadequate security have caused employers to conduct background checks of existing and prospective employees.

Negligent hiring is the failure to properly investigate an individual?s background which results in hiring an individual who has a history of violence or criminal behavior. Negligent retention is a claim that arises by virtue of keeping an employee on the job after the employer becomes aware that this person is not suitable for the position. Negligent supervision involves the failure to properly oversee employees and insure that they perform their duties properly. Finally, inadequate security is a claim that arises from the failure to provide adequate security measures when the employer is aware of a potential threat.

In addition to concerns of workplace violence, employers are increasingly faced with job applicants who either fabricate or exaggerate their qualifications for a position. A survey conducted by ADP Screen and Selection Services revealed that 50% of resumes contain discrepancies. Approximately 500,000 people annually falsely claim they have a college degree and, in a survey of college students, 95% stated that they would lie to get a job and 41% admitted they had already done so. Of particular concern are Internet sites such as fakedegrees.com. At that site, individuals are not only able to create high quality ?novelty degrees?, but this site will soon offer ?novelty transcripts?, ?novelty reference letters,? and ?letters of recommendation?. I am not singling out fakedegrees.com since there are many web sites that offer similar services. The ease with which a ?novelty? degree, reference letter or transcript can be obtained, has made, employers more vigilant in their efforts to verify applicant background information, by performing reference checks, credit history checks, and criminal background checks.

Reference information can provide valuable information including the willingness of a reference to provide employment information, an appraisal of both job performance characteristics and a character appraisal, as well as, confirmation of past employment history. Since replacing an employee can, according to one recent study, cost a company 1.5 times the employee?s salary, many businesses have concluded they would be remiss if they failed conduct background and reference checks.

Next week: What should you consider when screening a job applicant?

Nothing in this blog should be considered legal advice or to form an attorney client relationship. The information provided is general in nature. Nothing can substitute for a consultation with a legal professional who can address your particular legal concern.

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