People move into your Residential Care Facility for the Elderly (RCFE) with expectations. Specifically, they expect your staff to be able to provide the level of care they need. The same is true for any family members involved in their decision to live at your facility.
Before choosing your RCFE, they probably look closely at the cleanliness and safety of your property. They might evaluate your track record as a care provider. And they may ask some questions about your staff.
There are a lot of RCFE risks outside of your control, but your staff isn’t one of them. Thoughtful hiring practices go a long way to protect your residents, and to protect your facility against negligent hiring claims. Backed by a strong insurance policy, these can help you rest easy.
What is negligent hiring?
If an employee harms the customer of a business, the employer can be held liable. If they didn’t look into the background of that person or they dismissed dangerous behavior, they could face a civil suit for negligent hiring.
That might feel broad, but we can get more specific. Per the California Civil Jury Instructions (CACI), which gets read to a jury during a civil lawsuit, you could get held liable for negligent hiring if:
- You hire someone who is or becomes unfit for the required work.
- You knew or should have known that the employee was unfit.
- That unfitness harms someone else.
- Your negligence in hiring was a substantial factor in that person’s harm.
For a lot of employers, this essentially boils down to making sure that employees don’t have a violent or criminal past or exhibit warning signs on the job.
But at an RCFE, preemployment screening gets extra important. You don’t just need to beware of folks with a dangerous background. You also need to make sure that your staff has the expertise needed to take proper care of your residents. If they don’t and a resident suffers as a result, you could absolutely be held liable.
Protecting your RCFE against negligent hiring claims
To safeguard against these kinds of lawsuits, RCFE owners and managers benefit from a two-pronged approach.
#1: Diligent hiring practices
First and foremost, you want to make sure that anyone you bring into your employ is up to the tasks at hand. A strong hiring methodology typically includes:
- A thorough application that asks detailed questions about their experience
- References
- Multiple interviews
- Credential verification
- Background screening
As you go through each component, keep a record. Create documentation showing that you called and spoke with each reference, for example.
Put everything about the employee, including their resume, application, and background check, in a file that you keep even after they leave (civil suits can crop up later).
#2: Liability insurance
Many general liability policies will step in if you’re found liable for harm to a resident through negligent hiring. This kind of insurance can help to cover legal fees and any settlement you have to pay, protecting your RCFE.
If you’re not sure if your current liability coverage would protect you in the event of a negligent hiring suit, contact our team at InsureMyRCFE. We can help you review your coverage and, if necessary, put additional safeguards in place. Call us at (805) 413-5668 today.
