Thursday, August 8, 2013

Texas House Bill 1188 Limits Liability

Texas House Bill 1188

This bill limits the liability of employers, general contractors, premise owners and third parties for hiring employees with criminal convictions. It was introduced in February of this year, and it will take effect on September 1, 2013.
HB 1188 states that no legal action can be taken against an employer who negligently hires an employee with a criminal record. Now before you consider calling off background checks to cut your costs, be aware that there are many exceptions to this bill.

Exceptions-

An employer may be sued for negligently hiring an employee:

I. who has committed a criminal offense while performing duties similar to those expected to be performed in the course of employment

II. who has committed an criminal offense under conditions similar to those expected to be encountered in the course of employment

III. who has committed murder, capital murder, indecency with a child, aggravated kidnapping, aggravated sexual assault, and/or aggravated robbery

Even with this law in place, you may still find yourself answering for the actions of your employees. Continuing to screen your applicants will protect your company and its reputation, as well as save you from a legal nightmare. The cost of a law suit is much more than the cost of a criminal background check, so don’t put your company at risk.

Click here for House Bill 1188 in its entirety.















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