Verification: Getting to Know a Job Applicant’s History

Every employer fears the discontented or unbalanced worker who commits a violent act. Yet quite often the ordeal continues, even after the arrest or conviction of the enraged employee. More and more, businesses are being held liable for irresponsible behavior of their employees, including their drivers.

Most employers know that it is important to conduct some type of applicant screening or background check when hiring new employees. Court decisions underscore the point. The Ohio state Court of Appeals recently upheld a judgment against a furniture rental company found guilty of failing to conduct adequate prescreening. The company hired a delivery driver with a criminal record who later assaulted a customer in her home. The court said the employer was liable for the assault on the customer.

An employer should verify all information contained on a job application. Studies show that more than 35% of job applicants lie on their employment applications. Squire Protection Services, a leading New York security firm, estimates that nearly two in 10 job applicants conceal information — such as a criminal record — that would disqualify them for employment consideration.

Thus far, the courts haven’t ruled that a prospective employer must verify an applicant’s statements, but if that employer does not ask the applicant whether he or she had any prior convictions, the company has no defense if it hires an employee with a prior assault conviction who subsequently harms one of its customers.

For the full story, see the June 5 print edition of Transport Topics. Subscribe today.