Mandatory background checks for all employees - Essay Example

MANDATORY BACKGROUND CHECKS FOR ALL EMPLOYEES Most organizations do not check the background references of their jobapplicants during interviews. Because of this, applicants with criminal records are able to come back to the job market causing a potential harm to their clients. On the other hand, relying on information from this checking may be a disaster as the information may not be accurate since it is prone to manipulation. This paper brings out the argument whether or not the use of mandatory background checks for all employees will reduce negligent hiring lawsuits.

A charge of negligent hiring comes to an employer who does not investigate an employee’s background during application. By definition, negligent hiring refers to when an employee does not check the background of an applicant and goes ahead hiring him, then the employee causes harm to customers or co-workers. It is important to take a background check on an employee whether the process requires it or not. Blind hiring can lead to costly consequences for the firm. In 1979, a rental car company, Avis hired an employee who had a criminal record without checking.

The employee raped a female co-worker who ended getting an award of $750,000.00. Background check is very useful for contractors. The kind of duties performed by an employee in this sector has a direct relation to the risk of harm to the other co-workers. For example, an on-site manager has access to dwellings and supervisory control over the other employees. This is a potential risk to the other workers in case he is harmful. Instead of hiring, an on-site secretary for check up, it is easier to scrutinize the manager’s background before he becomes a potential risk to the company.

Hiring of independent contractors to do a job would be a relief on the risk of the company paying for damages in case of a catastrophe. However, the company still should conduct a background check on the manner in which the independent contract company hires its employees. This is because although the firm may not face a lawsuit, it may lose a significant employee with important skills for the firm. Background check is beneficial in international hiring of employees. According to the Society of Human Resource Management’s data, about 73% of the employers run a criminal background check on all international employees.

The checks have helped to narrow down on international crime and terrorism. Most the terrorist in countries usually pose as workers long before they carry out their actions. Therefore, the background checks can fish them out and even put them in a position that will jeopardize the success of their actions. Apart from crime, it has helped to identify potential threat to children since most of the international employees work at home as house keepers and nannies (Rao 119). Running background checks on employees is not a plot to lock out individuals with a criminal record out of productivity.

The federal regulators have approved a set of new rules that enable convicted criminals and other individuals with legal issues, to get employment. The rules approved by the Equal Employment Opportunity Commission has enabled considerations taken during employment of convicted felons so that there is no discrimination of any kind whatsoever. In addition, the rules calls for employers to use the criminal background only if they are job related. To be fair, the employers should consider the nature of the crime committed, the time that has elapsed since the crime occurred and the nature of the job that the individual is seeking.

In addition, the rules provide guidelines citing that arrests of individuals are not potential proofs of criminal conduct (Rao 120). The background checks do not jeopardize an applicant’s privacy. The process ensures that the applicant’s privacy does not undergo interference by using a lot of professionalism. Only authorized personnel handle the issue and they ensure that it remains confidential after the process. The Human resource department in the firm usually carries this process out.

However, the human resource does not only check criminal records of applicants. It is an across the board cross check on educational degrees, the credit histories, the work habits, drug and alcohol problems and individual character. The department gets the information from past bosses, colleagues, friends and family. However, the information may not be as accurate as possible due to errors, omissions, falsehood or bias on the applicant. Owing to the false accusations the department receives, an individual’s potential career and life may be ruined (Rao 121).

Conclusion Owing to negligent hiring, a company can lose self-image and a lot of money. In most of the cases of negligent hiring, the employers have lost the cases in court. Therefore, it is important for firms to run a background check on all employees all the time. The checks ensure that applicants are suitable for the jobs they apply for, provide safety measures for running businesses and their customers and ensure that businesses do not face negligent lawsuits. Work Cited Rao, P. Taking sides: Clashing views in Human Resource Management.

New York: McGraw Hill. Print.