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Public Access to Court Records

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by Jacques S Eskena (aka SavvyBusiness)

Court Records indicate that one in five new businesses fail within the first year and up to three out of every five businesses within the first 5 years of operation. Considering such figures, it is understandable that business owners take every precaution possible to ensure that the risks involved are acceptable.

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.

These human factors can reach far and beyond the confines of a business place of work. Indeed any business sending employees to customer’s homes, dealing with children or disabled people or involved in other such interactive activities between employees and customers places itself in a position of added risk, with regards to liability issues.

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, mistakes do happen and steps can and indeed must be taken to try and make sure they do not happen in the first place.

Business owners must therefore ensure that only the right people are employed so that should a mistake be made, it is not made by an employee with court records showing a less than desirable employment history or worse.

We live in a society which takes the liberty and privacy of all citizens very seriously and thus the notion of court records sometimes has disturbing effects on those who are confronted with the task of recruiting a potential employee.

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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