Public Access to Court Records

Posted by Jacques S Eskena (aka SavvyBusiness)

June 1, 2008

by Jacques S Eskena (aka SavvyBusiness)

Taking risks is part and parcel of the make up of any business nowadays. For example court records show that 60 % of new businesses fail within the first year of business (that’s about one in every 4) and over a course of a 5 year period this number rises significantly to three in five.

These risks are associated with business issues and circumstances which dictate the eventual outcome of a new business venture and as such are “business” related in that they are driven by external sources not always under the control of the business owners. However there are other factors, internal elements which may drive a company out of business.

Not only do businesses have to have things right when it comes to their assessment and consideration of risks emanating from outside forces, but often times little consideration is given to the fact that workers or employees may be a risk themselves if for example they drive cars for the company or operator heavy equipment or machinery.

The truth is businesses are at risk as soon as there are interactions between customers and employees, particularly when these employees make mistakes which can then have negative influence on various levels. This added risk thus expands beyond the confines of the company’s premises into customers’ homes etc

When mistakes happen, not only can liability insurance premium be raised, but so does the probability that the company may find it increasingly difficult to stay in business also increase.

What this means is that the action of one employee has significant on many different levels including customer relation and or potential litigation costs.

Of course it is impossible to foresee every element of a workforce method of operation and ensure that mistakes do not happen. Frailty is part of human nature, and as humans, we make mistakes.

What if this person had a history of poor decision making or worse court records that indicate a less than perfect past! The tragedy in this instance would of course be compounded by the fact that this could have been a totally avoidable situation, and indeed should never have had to take place in the first instance.

There is always an element of unease when talking about the subject of court records. After all we live in a free society where the privacy of all us is something we should all be proud of, and thus whenever the issue of background check is raised there is a sense of guilt or discomfort show casing everyone desire to stay out of other people’s businesses.

But as a business owner, in a world a lawsuits and legal judgment the question becomes not so much that obtaining court records on a prospective employee may on the surface seem to be inappropriate but rather that not doing so would show a certain recklessness on the part of the business owner!

Business owners who might have shown reluctance in searching court records when recruiting may then find themselves in the very uncomfortable situation of having to explain to the other employees who may have lost their job why they did not act with more care before recruiting the worker responsible for their plight.

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