Employers and their viability often depend on the quality and reliability of their employees. Employers often spend a significant amount of money hiring and interviewing potential employees in trying to accept job applicants who are best suited to do certain jobs.
Employers also use pre-employment screening of potential employees to limit potential legal liability. Although there are several ways in which the law can hold employers liable for their employees’ actions, the tort of negligent hiring and the doctrine of vicarious liability are the most significant.
Having pre-employment screening process that is effective for hiring new agency staff might be the most critical and important step in hiring and retaining high quality employees and minimizing potential liability exposure and workplace violations and wrongdoings like:
- Negligent Hiring
- Employee Accidents and Injuries
- Vehicle Accidents
- Workplace Theft
- Workplace Violence
- General Liability Claims
By proactively implementing and adopting a pre-employment screening process, a lot of these risks need avoiding or reduced by having specific policies and ways in place which are consistently applied throughout all departments within the firm.
Agencies need to consider all available methods of pre-employment screening and decide which are prudent and possible for the certain jobs available and being sought which includes volunteers and contract workers. Written job descriptions need to exist for paid jobs. Every job description needs to name those essential functions of the job. Essential functions are the basic duties that an employee, with or without reasonable accommodation, needs to do. Employers should carefully look at every job to decide which task or functions are important and essential to performance, which is very important before taking an action in employment like advertising, recruiting, hiring, firing and promoting.
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