Some investigation should be conducted on every applicant who is actually being considered for a job. This is pertinent for several reasons, including:
the investigation may reveal that the applicant has provided false information
an employer may discover that the applicant does not possess the skills that are necessary for the job
an employer might discover that the applicant has been terminated for or found guilty of, misconduct that, if repeated, could subject the new employer to liability for negligent hiring or retention
not hiring someone for a legitimate reason is much less likely to subject an employer to a lawsuit than hiring that person and later terminating him or her.
Many employers, of course, are reluctant to provide anything more than basic employment information on former employees because of the danger of a defamation suit. To have a better chance of getting the full information on an applicant, the request to current and former employers should be made in writing with a copy of the applicant’s signed release form enclosed. South Carolina has a specific statute that...
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