What measures can be taken by the employer to prevent negligent hiring? Explain in detail.no
There are quite a few different measures that can be taken to ensure that a firm hires the best possible candidates for open positions. I suggest using Google to search for "best hiring practices."
Here are a few such practices:
- Write a good job description that will attract the kinds of candidates you need.
- Have professionals from the relevant department (rather than from HR) have the most contact with the candidate.
- Give the candidate as much information about your firm as possible before the job interview. This allows the candidate to talk more knowledgably and relevantly about your firm and his/her fit with your needs.
- Interview in a way that lets your candidates show their skills instead of just talking about them.
There are many others... as I said before, go ahead and search for more.
The process of hiring is a complex one and an arena where constant redefinition is evident. I would propose that one such measure which can be taken lies in the clear articulation or vision of what a successful candidate for a position resembles. It is essential that employers who are hiring have clear and articulate expectations regarding to performance, intentions, and overall understanding about the job and that these are relayed to the prospective candidates. Another measure which can be taken is to have several interviews with different individual who share the same vision as the employer. The more looks one gets at a candidate, the better the chances the employer will find a suitable and desirable candidate.
"Negligent hiring" implies that one who is suppose to hire is not taking the required care in hiring. It sounds like dereliction of duty. This is quite different from mistakes in hiring occurring in spite of a person taking all necessary care and effort for hiring. We need to be careful about what exactly is the problem. Is it that the person knows the proper methods of hiring but is not following them, or is it that the person does not have the knowledge and skills required for hiring. Also, we need to be clear about who is doing the hiring. In a small firm, the hiring is usually done by the owner or the employer. In this case prevention of negligence is entirely under control of the employer.
Because of all these uncertainties about the problem, it is difficult to give a meaningful solution. However, in general I will say that ensure that good people are hired,the preparation must start with the organizational design. The organization should be realistic in terms of availability of people to fill various positions. Next the there should be clarity about nature of jobs and the job requirements in terms of skills, education, experience and other capabilities of required for performing those jobs. Also it is important that salary structure is designed to attract the suitable people for each job. No amount of sophistication in selection of people will ensure recruitment of right people, if the right people do not want to join the company.
Once these preliminary groundwork is done, suitable methods for inviting applications, screening of applications, tests, interviewing and other selection procedures should be developed and implemented. There is no universally applicable method of recruitment for all kind of jobs. It is necessary to develop procedure according to the requirements of each organization and the nature of job.
Here is some advice on the subject:
4 Tips on How to Avoid Negligent Hiring Lawsuits
In these tough economic times companies may be thinking about saving time and money by cutting back on their employee screening programs. This would be a big mistake! If you hire a dangerous or unfit person without doing proper “due diligence” and harm occurs, you are opening yourself up to a negligent hiring lawsuit.
Here are several tips to help you avoid a negligent hiring lawsuit :
1. Create a Program
Create an employee screening program for your company. This program should document employee screening policies and procedures for each position in the organization.
2. Train to Ensure Hiring Managers Follow the Program
Train all hiring managers on the employee screening policies and procedures. Document this training.
3. Audit Employee Screening Program
Create an audit procedure to make sure the employee screening program is being followed throughout the organization. Document this procedure.
4. Ensure FCRA Compliance
If you are using a third party employee screening service make sure they are in compliance with the Fair Credit Reporting Act (FCRA).