Getting a good job with a criminal record can be nearly impossible, especially if that record contains serious crimes.

Applicants know that they are up against a lot of qualified applicants, most of whom have clean records. So, to even the playing field, many individuals with criminal records, selectively omit condemning information from their resumes and job applications in hopes that a potential employer won’t find out.

What seems like a rational lie to someone with a criminal history can end up costing your company dearly.

Consider the case of the BP Gulf oil spill cleanup supervisor who allegedly raped a coworker. Rundy Charles Robertson, 41, a temporary worker hired to work on the oil spill cleanup, was hired and allowed to supervise workers even though he has a criminal record dating back to 1991.

For now, BP is passing the buck to the Miller Environmental Group, a company they hired to supervise the cleanup. Miller Environmental is passing the buck to Aerotek, the company they hired to staff the cleanup. Aerotek claims they didn’t perform background checks because their contract will Miller Environmental didn’t require them to do so. Amazingly, several witnesses to the hiring process claimed that even individuals wearing house-arrest ankle bracelets were showing up for employment, and getting hired! These workers stopped showing up for work when, three weeks after the alleged rape, Aerotek announced they would be requiring background checks on all workers.

Clearly, someone is liable for Robertson’s crime – not just Robertson.

Although he may be the one accused of the commission of a crime, a little thing called negligent hiring may put Aerotek, Miller Environmental, and BP at risk for legal and financial responsibility for the crime. Certainly, from the victim’s point of view, all had a hand in violating her expectation of safety on the job.

Ultimately, someone will be held legally and financially responsible for not performing background checks on individuals hired to work on the BP cleanup. Sure, Robertson, if convicted, will serve time for his crime. But, neither a jail sentence for Robertson, nor reparations made by any or all of the companies involved will eliminate the fact that a woman may have been unnecessarily brutalized.

A simple background check would have uncovered Robertson’s criminal history and ensured the safety of his victim.

Employers must be doubly careful in this economy to perform thorough background checks on all employees before an offer of employment is extended.