Screening candidates for employment by conducting background and reference checks is a valuable way for employers to discover relevant information about potential employees. The information discovered may indicate whether an applicant will be a good fit for a position. On the other hand, the information discovered may suggest that an applicant is not qualified. An important benefit associated with thoroughly checking into the applicant’s background is that an employer may protect itself from potential liability associated with negligent hiring and negligent retention claims.
Investigation of employees upon hiring and throughout the duration of their employment to ensure their competency for their positions can be an invaluable tool in creating and maintaining a qualified and skilled workforce. In addition, investigations may be essential in avoiding liability for the conduct of employees. In Tennessee, employers should be aware of their potential liability for negligent hiring and/or retention when their employees cause injuries to third parties. Under Tennessee law, the employer is bound to exercise ordinary care in the selection of employees and not to retain them after knowledge of incompetence. Employers can be held liable for hiring or retaining an employee the employer knows or should have known was not suited for the...
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