Back in June, we published the results of a 10-week case study on continuous court records monitoring where we looked at the employee population of a company operating in the transportation industry. Today, we release the results after 20 weeks of monitoring. The findings are startling — especially when you view them through the lens of the transportation industry.
A few highlights:
- Traffic-related offenses increased 130% in weeks 11-20 compared to week’s 1-10.
- Drug cases/offenses increased 160%, higher than any other category.
- All higher-level offenses increased in weeks 11-20 with non-felony jailable offenses seeing the greatest increase.
View the 20-week summary here:
Negligent Retention and the Concept of Risk on the Payroll
Let’s talk about why this case study is so alarming and important. It is generally accepted that employers have a duty of care when it comes to hiring people on their payrolls, and it is generally understood that failing to exercise this duty can result in negligent hiring lawsuits. An employer’s duty of care with respect to maintaining people on their payroll is less well understood. In a negligent retention claim, an employer who knew or should have known about an employee’s post-hire conduct that makes them unsuitable for their role or continued employment, but continues to retain the employee can be found liable for that employee’s misconduct. Continuous court records monitoring can alert an employer to changes in an employee’s background that may turn a once-suitable employee into an unsuitable one.
Employers now can and therefore should know about their employees’ post-hire offenses. With court records monitoring, the data is there. Are employers listening?