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If an employer knowingly hires someone that is likely to put themselves, the company, or other workers at risk, that employer could find themselves on the business end of a negligent hiring lawsuit. Why should you care? Well, if you are a contract recruiter who runs your own back-office, you ARE the employer and could be held liable.

So what can you do? Risk Control Services (RCS), a risk control management firm we work with, recommends asking the following questions in candidate interviews to reveal potential red flags:

  • Have you ever been fired or asked to resign from a job?
  • Do you work well under pressure?
  • How well do you get along with your current supervisor/co-workers?
  • How do you think your current supervisor will respond to my request for a reference?
  • What are your strengths/weaknesses?

RCS also recommends that hiring process reference checks, education checks, along with background checks and drug testing, be conducted on candidates, but remember that it is important that any screenings required of a candidate are linked back to a business need to limit the risk of discrimination claims.

To further reduce your liability, you can use an employer of record services provider, such as FoxHire, to employ your contractors and handle the administrative details, such as background checks, associated with those contractors.

This article is for informational purposes only and should not be considered legal advice.

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