Avoid Negligent Hiring - Best Practices and Legal Compliance in Background Checks

Avoid Negligent Hiring - Best Practices and Legal Compliance in Background Checks
Minimize your insider threat!

Can your organization afford the potential cost of one bad hire? We're talking:

  • Negligent hiring cases in which employers lose 60% of the time, with average verdicts of $3 million;
  • Average out-of-court settlements of $500,000 and attorney fees.

And what is the one question everyone will ask you if there is a bad hire? "Did you conduct a background check?"

Avoid financial and reputational risk from bad hires. Register for this session to learn:

  • Best-practices to keep your organization productive and out of court when hiring the best possible candidates;
  • How to obtain and utilize criminal record and background information on job applicants;
  • Lessons from case studies to demonstrate what steps employers should take and mistakes to avoid;
  • 10 steps a firm can take immediately at NO COST to avoid a bad hire.


All employers have an obligation to exercise a reasonable duty of care in hiring. In addition, many organizations have a legal duty to not employ individuals with certain enumerated criminal records. There are a number of steps that employers can take in the hiring process to reduce their risk when hiring.

First, organizations must carefully review and audit their hiring program, including their application, interview and past employment checking practices, as well as procedures for performing criminal record checks. In addition, employers need to consider a host of legal considerations when screening applicants, including the federal Fair Credit Reporting Ac (FCRA), state laws, Sarbanes-Oxley and discrimination laws as well as privacy implications.

Topics to be discussed in this session include:

  • The "Parade of Horrible" facing employers that hire without screening, and why background checks are mission-critical for financial instructions;
  • The essential elements of negligent hiring lawsuits, employer defenses and why they are on the rise;
  • Why "gut" instinct is not an effective hiring tool;
  • The essential elements of a screening program;
  • Compliance with the federal Fair Credit Reporting Act (FCRA) and State laws;
  • The impact of discrimination laws and privacy laws;
  • Best practices for hiring, including the application interview and past employment checking processes;
  • How to legally obtain and utilize criminal records;
  • Issues affecting past employment, education and credentials verification;
  • The use and limitations of credit reports;
  • A brief introduction to international background checks and terrorist screening;
  • The use of the internet and social networking sites such as Facebook and MySpace to screen applicants;
  • An introduction to drug testing.

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