Protect Your Company From Negligent Hiring

Two Steps to Protect Your Company From Negligent Hiring and Retention Claims

The regulatory landscape changes frequently and negligent hiring and retention claims are on the rise. These claims are recognized in almost every state and have resulted in payouts averaging more than $1 million dollars each.  However, your organization does not have to live in constant fear of such claims.   Since your compliance team has so much on their plate already, here are two key preventative measures we recommend:

1. Make hiring decisions using a compensatory model

Making a decision not to hire a candidate based on one criterion opens up the firing range for a negligent hiring claim.  We recommend making your hiring decision based on a variety of factors, using a compensatory model to protect yourself from plaintiff lawyers building a case of disparate impact.  Motor carriers should continue to use background checks, Motor Vehicle Reports (MVRs), Pre-Employment Screening Program (PSPs) and pre-hire assessments to look for the following competencies:

• Safety-orientation
• Customer focus
• Integrity
• Independence
• Compliance

A compensatory hiring model that uses a variety of tools to measure the five competencies above is the best defense against plaintiff lawyers looking for their next dime.  You can read more in a concise whitepaper that summarizes a “Trucking in the Round” presentation we hosted along with our partner Benesch Law at this year’s Truckload Carriers Association Annual Convention.

2. Maintain up-to-date, written policies in order to minimize the risk of litigation

“If it’s not documented, it didn’t happen.”  The trucking industry knows this all-too-well.  One prescriptive recommendation: engage and educate your employees on procedures.  Providing meaningful guidance and implementing consistent policies and procedures can help you stay out of the hot seat.

Lean on industry experts like HireRight to make sure your policies are up-to-date.  They do this stuff for a living and we trust them.  We highly recommend that you attend the upcoming HireRight webinar on the latest Transportation Regulatory Update with Dave Osiecki, Executive Vice President, and Sean Garney, Manager of Safety Policy at American Trucking Associations (ATA).  This complimentary webinar is July 29^th at 2pm Eastern/1pm Central.