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Negligent Hiring and Background Checks

February 13, 2017


Event: TrainHR Webinar

Title: Negligent Hiring and Background Checks - Best Practices and Legal Compliance

Speaker: Attorney Lester S. Rosen, founder and CEO of Employment Screening Resources (ESR)

Date/Time: Monday, February 13, 2017 / 10:00 AM PST 1:00 PM EST

Duration:  90 Minutes


Employee problems are caused by problem employees, and this session will help HR professionals legally avoid bad hires in the first place. In this session, learn legally complaint best practices to keep a business productive and out of court, including how to obtain and utilize criminal record and background information on job applicants.

Get updated on recent legal developments, and review case studies to demonstrate what steps employers should take and mistakes to avoid. Hear about cutting edge issues, such as the use of social networking sites, new technology and the EEOC approach to the use of criminal records and credit reports. Learn steps a firm can take immediately to avoid a bad hire by the effective use of the application, interview and past employment checking processes.

Why should you attend: Negligent hiring is one of the fastest growing areas of employment litigation. Just one bad hire can result in a legal and financial nightmare. Without taking appropriate steps, there is a near statistical certainty that an employer will hire someone with an unsuitable criminal record, or a falsified background, that can result in workplace violence, lawsuits for negligent hiring and time wasted recruiting and hiring the wrong person. Not only must an employer perform background checks, but it is equally important that they be done with full legal compliance.

The EEOC has recently brought two high profile cases against employers accused of the discriminatory use of criminal records. In addition, there is a marked increase in legislation, litigation and regulations surrounding background checks. Class action lawsuits against employees and background screening firms are on the rise as a result of increased focus on privacy and discrimination. Employers are stuck in the middle. If employers do not perform background checks, they risk hiring dangerous, unfit, and unqualified for dishonest workers. If they do not do the checks right, employers face lawsuits as well as potential investigations by government agencies.

Areas Covered in the Session:

  • Learn why background checks and due diligence have become mission critical for employers
  • Understand the basics of a negligent hiring lawsuit and defenses that work and do not work
  • Get acquainted with best practices and cutting edge issues such as the new EEOC focus on criminal records and credit reports and the use of social network sites
  • Learn how to spot fraudulent employment and education credentials
  • Review best hiring practices including the application, interview and past employment checking processes

Who Will Benefit:

  • Human Resources professionals
  • Employers
  • Hiring managers
  • Employment attorneys
  • In-house EEOC compliance staff members
  • Anyone else in a business or non-profit organization with responsibilities for hiring and legal compliance


Lester S. Rosen  is an attorney at law and CEO of Employment Screening Resources (ESR), a nationwide background screening company located in California. ESR is an accredited background firm under the National Association of Professional Background Screeners (NAPBS) accreditation program.

He is the author of “The Safe Hiring Manual-- The Complete Guide to Employment Screening Background Checks for Employers, Recruiters, and Jobseekers” (728 pages-Facts on Demand Press/2d Edition September 2012), the first comprehensive book on employment screening. He has also written “The Safe Hiring Audit,” published in 2008. He is also a consultant, writer and frequent presenter nationwide on pre-employment screening and safe hiring issues. He has qualified and testified in the California, Florida and Arkansas Superior Courts as an expert witness on issues surrounding safe hiring and due diligence. His speaking appearances have included numerous national and statewide conferences.

Mr. Rosen was the chairperson of the steering committee that founded the National Association of Professional Background Screeners (NAPBS) a professional trade organization for the screening industry and served as the first co-chairman in 2004.


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Certified with the National Association of Professional Background Screeners ESR's SOC 2 Audit Report confirms it meets high standards set by the American Institute of Certified Public Accountants (AICPA) for protecting customer information PCI-DDS Compliance Privacy Shield Framework Services Perfromed in the USA Safe Hiring Manual Founding Member of the National Association of Professional Background Screeners