I'm sad to say that this is an actual quote from a CEO in a health-care organization. What is the concern here? Without exercising reasonable care, under the doctrine of negligent hiring, the employer can be held liable if the employee commits a wrongful act within the scope of his/her employment.
As an employer, no matter what industry you are in, you have an obligation to screen all potential employees. You have an obligation to your organization, your employees and your customers, to ensure that the individuals you hire pose no threat.
In this instance the organization has employees handling drugs and patient property, employees in direct contact with patients, their families, caregivers, customers, vendors, and the public. Without proper screening, the employer has not exercised due care to protect these individuals.
What steps can a company take during the hiring process?
1. Request conviction information. If there is a conviction, what was the nature of the crime and does it disqualify the applicant from a given position? Is there a potential for repeating the crime? When did the crime occur?
2. Check gaps in employment history. Is there a significant gap in employment history? If yes, discuss the gap with the candidate.
3. Document all reference checks in writing. Use preprinted forms for the reference to complete. Maintain the documentation on file in the employees personnel file.
In closing, safe hiring practices are necessary to reduce the risk of injury to the organization and/or its employees as well as to reduce the risk of lawsuit. Hiring the right candidate can mean the difference between success and failure to your organization.
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