News & Analysis as of August 12, 2025

Negligent Hiring

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Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings. less -

$27M Verdict Warns Employers: Vet and Train Employees or Pay the Price

Dickinson Wright on 8/5/2025

A recent $27 million jury verdict should put every employer, especially those in the hospitality, retail, and entertainment industries, on high alert: failing to properly screen and train employees can result in significant...more

Best Practices for Conducting Pre-Employment Background Checks in Canada

Ogletree, Deakins, Nash, Smoak & Stewart,... on 5/31/2016

Many employers perform background checks before hiring their employees. The process could be as simple as checking an applicant’s professional credentials, education, and references, or as detailed as a criminal records check...more

Using Criminal Convictions in the Hire Process: A Hobson's Choice for Employers?

Hinshaw & Culbertson LLP on 8/11/2015

Is the government really telling employers that they are not allowed to disqualify an applicant because of past criminal activity? In a word, yes. That is increasingly becoming the case on the state level and has been the...more

The Fair Credit Reporting Act: Why background checks are fueling the latest wave of class actions

McAfee & Taft on 6/1/2015

Many employers have third-party services run background checks on applicants, new hires, or existing employees. Many of these employers utilize these services to minimize the risk of claims of negligent hiring or...more

Employers Faced January 1, 2013, Deadline to Update Fair Credit Reporting Act Notice

Maynard Nexsen on 2/18/2013

Originally published in SC Bar's Employment and Labor Law Newsletter: Winter 2013 on February 15, 2013 Effective January 1, 2013, there was a new form that employers must provide prospective or current employees when...more

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