Negligent hiring normally refers to an employer’s obligation not to hire an applicant that they knew or could have known was likely to undertake conduct against other individuals or otherwise subject employees or third parties to actions which can create legal liability.
Yes. A complete background check is the best defense against negligent hiring practices. It demonstrates due diligence in the hiring process and your desire to learn as much as possible about potential employees before determining their suitability for specific employment.
Time service can vary by the type of screening being done, the criminal jurisdiction searched and other factors related to obtaining specific information. Our Clients can view results while the report is in progress. Many searches come back instantly, such as Driving Records, Sex Offender Searches, Credit Checks, Multijurisdictional Database Searches, Employment, Education and Reference checks to name a few. Generally, most reports are completed within 24 to 72 hours. Court delays, location of records, requests requiring written authorization and governmental procedural delays are a few of the more common reasons a report can be delayed.
Elements of a comprehensive employment screening report are best determined by the specific requirements of the job or position. Entry level positions with significant supervision and low levels of responsibility and authority may require only minimum screening. Positions with little or no supervision, high levels of responsibility and authority as well as specific credentials and experience require a more comprehensive level of screening.
No. Access to the FBI Database, National Criminal Information Center (NCIC), is not available without permissible purpose and legislative authority, such as has been granted to banks, security dealers and some child and elderly care providers. The purpose of the FBI Database, not unlike state police databases, is to provide information to police agencies. Even if the data were available, it is often not current and rarely has current disposition information, which would pose still other problems for employment screening purposes.
Privately held criminal information database searches all strive for coverage in all 50 states. The legitimate providers accurately describe what type of information is contained in their database along with the dates of coverage and how often the information is up-dated. What isn’t being told is that none of the databases contain all available records. Moreover, some states may be listed with nothing more than a minimal area of coverage. A multi-state criminal database search has its place, but not as a substitute for a legitimate criminal search of the jurisdiction where the applicant is known to have worked or resided.
Premier InfoSource recommends that multi-state database searches be used in addition to a jurisdictional search, but not as a replacement. The database search can be used as a guide to other jurisdictions that should be searched, when information in the database is incomplete.
The answer varies by state. In some states, a statewide search is simply unavailable. In other states, different organizations offer different types of statewide searches. Police Organizations, Public Service Commissions, Department of Corrections and Consolidated Court Databases are several of the types offered. Each has pros and cons, some better than others. There are two primary faults with any database; the frequency of up-dates and incomplete information. Some databases are excellent with frequent updates, accurate records and complete dispositions. Others pose more questions than provide answers for the purpose of making a hiring decision.
Almost all negative tests return in 24 hours. Positive tests are re-tested at the laboratory and require the services of the Medical Review Officer (MRO). A test including the MRO service will return in 48 to 72 hours.