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Background checks screen workers, but could mean liability

July 22 2013

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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