What Liability Issues Can You Face from Hiring a Convicted Felon?

Hiring Someone Who Has Been Arrested Before in San Diego, CA

Employers who want to give a person a second chance may still have some misgivings about a criminal working on the premises. Often their apprehension is justifiable, but not always necessarily because the felon might cause someone physical harm. There are actually many different liability issues that can arise from both allowing and denying employment to a convicted felon.

Anyone running a business needs liability insurance to protect the agency, the employees, and the customers from lawsuits. Though workplace violence can still occur even with no former criminals on the payroll, the perceived threat level may be higher than normal if an ex-convict has been hired. To protect your agency against the possibility of being sued, you might want to raise the limits of your liability coverage on your San Diego commercial insurance policy.

To encourage businesses to hire felons and other at-risk workers, the U.S. Department of Labor established The Federal Bonding Program, which provides free fidelity bonds for six months. After this, the employer must pay for bond insurance in San Diego. This program is designed specifically to insure against loss from employee theft and crimes like forgery, larceny, and embezzlement.

Many employers would like to avoid the liability problems of hiring a convicted felon by simply not doing so. Unfortunately, this choice is not always open to them. If you are concerned about potential criminal behavior and fail to hire the convict on this basis, you may leave yourself open to lawsuits based on EEOC rules against discrimination.

You may also want to consider liability insurance against negligent hiring practices. Employers are obliged to carefully evaluate potential workers before hiring them. If you hire a felon who commits a crime on the job, you might be sued on the grounds you could foresee the person was potentially dangerous. This might become a major dilemma for you because you can either hire a person you don’t entirely trust or fail to hire the person and possibly need to defend a discrimination suit.

To learn more about the different types of liability your business can potentially face, reach out to the insurance experts at American Tri-Star in San Diego. We can put together a commercial insurance policy that best suits your agency’s needs. Call 619-272-2100 today to speak with one of our friendly and knowledgeable representatives.