Sun State Investigative Services, based in St. Lucie County, Florida, advises all business owners to take advantage of the protection offered to them under Florida Statute 768.098, otherwise known as the "Employer presumption against negligent hiring"

The newspaper and TV stories are all too familiar. A delivery person runs over a child who crossing the street. It is then discovered that this employee has had his driver's license suspended on several occasions for speeding, or reckless driving. There may even have been an arrest of Driving Under the Influence of Drugs or alcohol.

Or perhaps the newscast was about a repairman who raped and murdered a woman at her home while he was working there? A subsequent criminal records search by the police reveals that there was a history of prior sex crimes.

Would a comprehensive background investigation have prevented these types of crimes from being committed? Probably not, but it could have prevented them from happening while these employees were working for you!

Florida Statute 768.098, provides employers with the presumption that they were not negligent in hiring an employee who causes the death, injury or damage due to the bad acts of the employee if a background investigation was conducted prior to the hiring, and nothing was found to show that the potential employee was unsuited for the job.

What constitutes a reasonable background investigation? Here is the statute:

(a) Obtaining a criminal background investigation on the prospective employee under subsection (2);

(b) Making a reasonable effort to contact references and former employers of the prospective employee concerning the suitability of the prospective employee for employment;

(c) Requiring the prospective employee to complete a job application form that includes questions concerning whether he or she has ever been convicted of a crime, including details concerning the type of crime, the date of conviction and the penalty imposed, and whether the prospective employee has ever been a defendant in a civil action for intentional tort, including the nature of the intentional tort and the disposition of the action;

(d) Obtaining, with written authorization from the prospective employee, a check of the driver's license record of the prospective employee if such a check is relevant to the work the employee will be performing and if the record can reasonably be obtained; or

(e) Interviewing the prospective employee.

If you are a business owner or Human Resource Manager who needs assistance in establishing good hiring policies that include a comprehensive pre-employment background investigation, or theft protection plan, Sun States President Warren J. Sonne is available for consultation. Please visit the website at www.theflpi.com or call toll-free at 866 592-5700.