ESR Newsletter and Legal Update
Sunday, December 1st, 2002This newsletter is sent to clients of Employment Screening Resources (ESR) and employers, HR and Security professionals and law firms who
have requested information from ESR on pre-employment
screening, safe hiring and legal compliance. If this was sent in
error, you can be removed from this list by using the “remove”
feature at the end of the newsletter.
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December 2002 Vol. 12-1
Employment
Screening Resources (ESR) Newsletter and Legal Update
1. Health Care Facility Hit for $40 Million Dollars for Negligent Hiring
2. ESR Rated Top Screening Firm in US According to First Independent Study Sponsored by HR.com
3. ESR Recognized for Helping to Change California Law
4. Screening Seminar in January, 2003
1. Health Care
Facility Hit for Record $40 Million Dollars for Negligent Hiring
In the biggest jury verdict
ever awarded in a negligent hiring case, a New Jersey jury earlier this year awarded $40 million in
damages to the estate of a home health care patient who was stabbed to death in
her own home by an employee of a home health care provider. The health care provider did not perform a background check,
even though the attacker told his employer that he had a criminal record. If a background check had been performed,
the employer would have also found a history of mental problems.
The case underscores the legal
duty of employers to exercise due diligence in hiring. Any employer that hires someone they either
knew or should have known was dangerous or unfit for a particular job can be
held liable for negligent hiring if someone is harmed. Obviously, most employers will not hire
anyone that they knew was dangerous or unfit. The issue is whether the employer, in the exercise of due diligence, should
have known the person was dangerous or unfit. Employers can utilize pre-employment screening as a way to avoid
allegations of negligent hiring.
2. ESR Rated Top Screening Firm in US According to First Independent Study
Sponsored by HR.com
Employment Screening Resources (ESR) was rated as the top background-screening firm
in an independent survey of the pre-employment screening industry just released
by HR.com, North America’s largest
web destination for Human Resources (HR) professionals.
The ratings were contained in a 467-page research report
prepared by the Intellectual Capital Group, a division of HR.com. The report provides a comprehensive analysis
of drug testing and background screening for Human Resources professionals,
including a review and rating of service providers. The in-depth industry
report sells for $2,495.00.
The report gave ESR the highest rating – 19 out of a
possible 20 – based upon an industry rating of service details
and capabilities, facts about the company, and ESR’s overall value
proposition. The report is available from www.HR.com More information is available at http://biz.yahoo.com/prnews/021212/phth009_1.html
3. ESR
Recognized for Role in Changing California Law
The November edition of The
Public Record Update, the leading authority on public records
searching in the US, recognized the effort of ESR to change the laws
in California this year. According to
the article:
“CA Governor Davis recently signed into law two bills, AB 1068 and AB
2868.
These bills substantially amend the ill-conceived AB 655 regarding
pre-employment screening and employee investigation in CA..
Much of the
credit for simplifying the law goes to Employment Screening
Resources (ESR) president Les Rosen. Mr. Rosen testified before
the state
legislature on why California employers needed the law to change and he
worked with the author of the bills in Sacramento to draft the clean-up
language.”
See www.BRBpub.com
4. Screening Seminar in
January, 2003
Mark your calendars for January 15, 2003
for a complimentary HR workshop in San Leandro, CA. “Selecting
the Right Staff: A Critical Issue for 2003″:
This is a three-part program focused on security screening,
pre-employment assessment and key interviewing legalities.
The workshop is hosted by Employment Screening Resources, InfiNET Assessment
and Kearney & Associates: the Experts’ Alliance. Reservations are
required for this complimentary workshop. Registration: 5:30 P.M.
To RSVP, contact Jared Callahan at 415-898-0044 or e-mail jcallahan@esrhire.com
Other workshops on pre-employment screening by ESR:
February 12, 2003-San
Francisco. NCHRA Three-hour workshop on “Crime, Criminals and Human Resources-The Role of
Criminal Records and Background Screening in the Hiring Process.” (NCHRA Training Center-SF, Ca.)
February 19, 2003-Dublin,
CA. NCHRA Three-hour workshop on “Crime, Criminals and Human Resources-The Role of
Criminal Records and Background Screening in the Hiring Process.” (Monarch Hotel, Dublin, CA.)
March 4, 2003--Los Angeles, CA. Three hour workshop sponsored by
PIHRA–“Crime, Criminals and Human Resources-The Role of Criminal
Records and Background Screening in the Hiring Process.” PIHRA
Learning Center, Los Angeles, Ca. (see www.PIHRA.org
for more information)
March 11, 2003–Washington DC. SHRM 20th Annual Employment Law and
Legislative Conference–”The Fair Credit Reporting Act (FCRA) and
Employers–Developments and Trends Affecting Pre-Employment Screening and
Employee Investigation
April 23-24, 2003–Las Vegas, Nevada: SHRM 34th Annual
Employment Management Association (EMA) Conference and Exposition: “Crime,
Criminals and Hiring-the Role of Criminal Records in the Hiring
Process.”
June 4, 2003–University of California at
Riverside Extension: Legal Issues in Human Resources series: “Safe
Hiring Practices Audit--Review of 28 steps and best
organizational practices that can be taken during the recruiting,
hiring, training and post-hiring stages to minimize any surprises concerning
the background of employees.” Presented by Lester S. Rosen,
Esq., President of Employment Screening Resources, Contact UC
Extension–Riverside www.UCRExtension.com
Please feel free to
contact ESR Customer Service at 415-898-0044, or Les Rosen,
President of ESR, if you have any questions or comments about
the matters in this newsletter. Les can be reached at 415-898-0044, ext. 246,
or by e-mail at lsr@ESRcheck.com. Please note that ESR’s statements about any legal matters are not given or intended as legal advice.
Employment
Screening Resources (ESR)
1620
Grant Avenue, Suite 7
Novato, CA 94945
415-898-0044
