"Timely information saves, rather than costs."- SM
The following Florida Statute is made available to demonstrate what constitutes due diligence when hiring in the state of Florida. It is an excellent example. However, be advised that statutes in your state may be different or non existant in this area of law. This guideline should provide any business with the protection they need against negligent hiring unless more is required by statutes in the state in which they reside.
Florida Statute 786.096 - Employer Presumption against Negligent Hiring.
1) In a civil action for the death of, or injury or damage to, a third person caused by the intentional tort of an employee, such employee's employer is presumed not to have been negligent in hiring such employee if, before hiring the employee, the employer conducted a background investigation of the prospective employee and the investigation did not reveal any information that reasonably demonstarated the unsuitability of the prospective employee for the particualr work to be performed or for the employment in general. A background investigation under this section must include:
(a) Obtain a criminal background investigation on the prospective employee under subsection (2);
(b) Making a reasonable effort to contact references and former employers of the prospective employee concerning the suitability of the prospective employee for employment;
(c) Requiring the prospective employee to complete a job application form that includes questions concerning whether he or she has ever been convicted of a crime, including details concerning the type of crime, the date of conviction and penalty imposed, and whether the prospective employee has ever been a defendant in a civil action for intentional tort, including the nature of the tort and the disposition of the action;
(d) Obtaining, with written authorization from the prospective employee, a check of the driver's license record of the prospective employee if such a check is relevant to the work the employee will be performing if the record can easily be obtained; or, interview the prospective employee.