Negligent Hiring: The Emerging Contributor to Workplace Violence in the Public Sector

Abstract

In this era when workplaces have become "battle zones," negligent hiring is emerging as a contributing source of employer liability for violence. Public employers have been found liable for violent acts of employees both within and outside their normal scope of employment. The authors analyze negli gent hiring doctrine from a human resource management perspective, considering what the U.S. courts are saying and how employer liability can occur. Public employers can develop sound background-checking policies and practices that could both reduce workplace violence and minimize resul tant negligent hiring lawsuits. NOTE: Information presented in this article is provided as a benefit forPublic Personnel Management readers. The authors do not intend this infor mation to be legal advice. For legal advice on workplace violence, negligent hiring, or related matters, please consult with competent legal counsel.

Expected Practices in Background Checking: Review of the Human Resource Management Literature

“…& Security (Dow 2001;Gold 2004;Lashier 2006;Service 1988;Svendson 1999) & Law enforcement (Hibler and Kurke 1995) & Safety (Jacob 2004;Smith 2002) & Nursing (Fiesta 1996;Nabhan 1998;Shumaker 2003) & Healthcare (Bradley and Moore 2004; also see previously referenced Martanegara and Kleiner 2003) & Child care (Kiraly 2002) & Social work (Lynch and Versen 2003) & Property management (Papi 1994;Walter 1994) & Hotel management (Atkinson 2004;Clay and Stephens 1995) & Restaurant management (Berta 2005;DeCotiis 2006;Kerr 2006) & Heating and air conditioning (Hall 2004(Hall , 2005Liegl 2001) & Trucking (Zahl 2000) & Education (Fossey and Vincent 2000;Dorris and Kleiner 2003) & Public sector (Connerley et al 2001;Johnson and Indvik 1994;Kondrasuk et al 2001;Zhoa and Kleiner 2003) & Nonprofit (Le et al 2003) & Insurance (Spoden and Rosen 1998) & Information systems (Khirallah 2002) & Marketing research (McCarter 1995) & Small business (Maxwell 2000;Usry and Mosier 1991) The third body of literature supporting the assertion that it is expected knowledge in HR management that organizations should conduct background checks is the large number of legal articles on the topic. Examples include …”

“…For example, criminal background checks are mandatory in childcare, trucking, and airport security. At the same time, an extremely common recommendation in HR is that the importance of background checking and the thoroughness of the checking depend on the job (e.g., Arsenault et al 2002;Bradley and Moore 2004;Camacho 1993;Caudron 2002;Clay and Stephens 1995;Connerley et al 2001;Crebs and Rush 1996;Dow 2001;Edwards and Kleiner 2002;Extejt and Bockanic 1989;Gatewood and Feild 2001;Gregory 1988;Kiraly 2002;Kondrasuk et al 2001;Le et al 2003;Lear 1997;Little and Sipes 2000;Mondy and Noe 2005;Sack 1993;Smith 2002;Susser and Jett 1987;Usry and Mosier 1991;Walsh 2007;Woska 1991;Zugelder et al 2000).…”

“…Characteristics of the job that create greater "sensitivity" include the anticipated degree of contact that the employee will have with other people in performing his or her job duties. For instance, jobs dealing with customers or the public, vulnerable people (e.g., children, ill, disabled, elderly), jobs involving personal care and medical treatment, relatively unsupervised work, operation of motor vehicles or dangerous equipment, jobs affording substantial access to employer property and the homes and personal possessions of others, and positions entailing responsibility for security or safety (e.g., Arsenault et al 2002;Bradley and Moore 2004;Camacho 1993;Clay and Stephens 1995;Connerly et al 2001;Crebs and Rush 1996;Dow 2001;Edwards and Kleiner 2002;Extejt and Bockanic 1989;Gatewood and Feild 2001;Gregory 1988;Johnson 1994;Kiraly 2002;Kondrasuk et al 2001;Le et al 2003;Lear 1997;Little and Sipes 2000;Mondy and Noe 2005;Sack 1993;Smith 2002;Susser and Jett 1987;Usry and Mosier 1991;Walsh 2007, Woska 1991Zugelder et al 2000).…”

Preparing for and Responding to Student Incivilities: Starting the Dialogue in Public Affairs Education

“…This may seem like an extreme action, but arguably it may be necessary to protect programs from allegations that they contributed to harm. The concept of negligent hiring is well-established in employment settings as a factor that contributes to workplace violence and employer liabilities (Kondrasuk, Moore & Wang, 2001). A similar concept of negligent admissions could apply in education settings if programs limit their admissions decisions to academic measures and, subsequently, students or faculty are harmed by the foreseeable actions of a person who was admitted to the program.…”

Job description form as an approach to work quality: specifying problems and strategic planning tool (the case study of Mercure hotel chain)

“…Blickle et al (2009) discussed that job performance ratings were assessed with five items assessing task performance, adaptive performance, and job dedication (Blickle et al, 2008;Schmitt et al, 2003) so, JDs are so vital to manage performance on a logic basis. Rohr (2016) and Kondrasuk et al (2001) stated that any performance deficiencies, as identified during the performance evaluation or the hiring process, can be addressed with training. Because the performance evaluation and hiring process is based on the job description, identifying training needs is fairly straightforward.…”