Top 5 Crimes Found in Pre-Employment Checks and Their Hiring Risks

The nature of the crime revealed in a background check can affect a candidate's suitability for the role you are filling. For example, someone with a conviction for writing bad checks might not be the ideal candidate for a leadership position in the accounting department.

Conversely, conducting a screening not only aids in making more informed hiring decisions, but also shields a company from potential future liability claims alleging that adequate screening was not conducted. Here are some negligent hiring cases where the employer was found at fault for not catching tell-tale signs of foreshadowing behavior.

1. Drug Offenses

   
   

   In 2020, a transportation company was held liable for the collision between an FTS semi-truck and Patterson’s vehicle. After the incident, FTS required the driver, Acker, to take a drug test which showed positive results for marijuana, along with amphetamine and methamphetamine metabolites.

   Acker had a history of drug possession, driving with a suspended license, and probation violations. The court held the employer directly liable for negligent hiring, training, and supervision.

2. Theft and Property

One of the largest verdicts in American history was a negligent hiring case ordering Charter Communications (Spectrum) to pay more than $7 billion for the murder of an elderly woman who was killed by a service technician in her home. He then went to steal her cards and go on a shopping spree.

The suit alleges the company did not run a proper background check and therefore, failed to reveal that the offender had been let go from previous positions for offenses including harassment of co-workers and forgery.

3. DUI/ Traffic Violations

An employee operating a propane truck owned by Ferrellgas collided with a charter bus. A passenger filed a suit alleging Ferrellgas was negligent in their hiring. This was proven in court when the defendant himself admitted to his past traffic violations and prior Driving While Intoxicated (DWI/DUI) citations.

4. Assault and Battery

In the Deerings West Nursing Center v. Scott case, a nursing home hired an unlicensed nurse who had a prior history of multiple misdemeanor theft and assault convictions. While working on the facility grounds, the employee confronted and assaulted a woman visiting her brother in a nursing home.

5. Sex Offenses

In 1983, The Kirby Company hired Michael Molacheck as a door-to-door dealer. Prior to his hiring, Molachek had been unemployed for a year. During that year, Molachek was convicted of two assault charges and two weapons charges in Minnesota, and a Minnesota charge of criminal sexual conduct in the third degree which was pending when they hired him.

After beginning a demonstration with a Kirby vacuum cleaner, Molachek used a set of knives used as “gift offerings” to then sexually assault a woman in her home.

Not only is screening an effective way to weed out incompatible candidates, this step in the hiring process acts as a failsafe for any future negligent hiring lawsuits. By implementing a comprehensive screening process, organizations can significantly reduce the risk of hiring individuals who may not align with the company's values, culture, or job requirements.

Furthermore, the legal landscape surrounding employment practices has become increasingly complex, with negligent hiring lawsuits posing a substantial risk to organizations. These lawsuits can arise when an employee engages in harmful behavior that causes injury to others, and the employer is found to have overlooked significant warning signs during the hiring process. By conducting diligent screenings, companies can demonstrate that they took reasonable steps to ensure that their hires are qualified and trustworthy, thereby protecting themselves from liability.