NCJ Number
146030
Journal
Security Management Volume: 37 Issue: 12 Dated: (December 1993) Pages: 63- 67
Date Published
1993
Length
5 pages
Annotation
An attorney explains how a bad hiring decision can cripple a security company, and what a company can do to prevent such liability.
Abstract
According to legal doctrines that penalize negligent hiring and negligent retention, an employer may be liable for an employee's wrongful acts even if such acts occur outside the range and scope of duty. A plaintiff, to make a valid case against the security company, must prove that that the employee was unfit, that the employee's unfitness was related to the damages claimed, and that the company knew or should have known that the employee was unfit. The author cites two cases in which the security company's precautions in hiring were judged to be insufficient. An employer can fulfill its responsibilities in hiring by drafting precise job descriptions, and by being more thorough in applications and background checks whenever the nature of the job applied for would suggest doing so. Interviewer skills, testing, training, supervision, discipline, and appropriate assigning are very important issues as well.