The most common rationale for conducting background checks is that employers and staffing agencies face liability if they do not, writes attorney Eric Rumbaugh, a partner with Michael Best & Friedrich LLP, in the July issue of Staffing Industry Review magazine. If a business engages someone who ends up harming someone else, the business faces potential liability. Liability depends on whether the business was negligent, and the elements of a claim of negligent hiring or supervision vary from state to state. But not all screening practices are equal.

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