Litigation, related to negligent hiring, is sometimes complex and hiring practices are a common component of all cases. An employer is not “required” to check references or to conduct criminal background checks. The term “background check” has no standard definition: how many years, what are disqualifying past criminal acts, how prior employers and references are contacted. The employer defines their process through policy, procedure and practice. They determine the standard.

Criminal background checks and other reference checks are often conducted in an inconsistent manner or may not be conducted at all.  Other than the requirements established by the FCRA (Fair Credit Reporting Act) there is no mandated definition of the look and depth of the content.  In short, there are no industry standards unless mandated by a governing body.  A company creates their own standards through policy and procedure.  This, however, can have a serious downside if totally neglected.

We routinely are retained to testify in cases centered on or have an element of criminal background checks and routine reference checks. Negligent hiring cases, even those involving independent contractors, need an experienced expert to succeed.  Find Mr. Murphy’s CV here.