What voters in Alabama should know about negligent hiring

December 8, 2017

One of the most pervasive practices among employers is to complete background checks before extending offers of employment.  They do so to ensure that they do not engage in a “negligent hiring” practice.  Essentially, that doctrine holds that should employers fail to do criminal background checks, contact references or obtain credit score reports, they could be held liable should the new hire bring another employee or customer harm.

Next Tuesday, the voters of Alabama will decide who will be their next junior United States Senator, replacing Jeff Sessions, the current Attorney General.  I am wondering how they would feel if their employers were to knowingly hire a sex offender.  My experience in HR includes hiring some people with minor criminal offenses, usually white collar in nature.  Those hires always caused a little anxiety in the employee ranks.  While the citizens of Alabama and their U. S. Senator do not have an employment relationship, here’s hoping that they will see the analogy I am attempting to draw with this post.

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