Tag Archives: Negligent hiring

California Supreme Court Rules Schools Liable for Sexually Abusive Teachers

In a ruling that will make school sex abuse lawsuits easier for California parents and students to file, the California Supreme Court has ruled that school districts can be held “vicariously liable” for the negligent hiring, retention, and supervision of employees who are prone to sexually abusing students. California Supreme Court Justice Kathryn Werdegar wrote the unanimous Supreme Court opinion for the case ‘C.A. a Minor, etc. v. WILLIAM S. HART UNION HIGH SCHOOL DISTRICT et al.’ that is available at: http://www.courtinfo.ca.gov/opinions/documents/S188982.PDF. Continue reading

Employment Screening Lawsuits Increase as Attorneys and Consumers Become Familiar with FCRA Laws Regulating Background Checks

Consumers and attorneys are looking more closely at background check reports and laws governing employment screening and filing more lawsuits against employers. On one hand, employers are being sued by victims that alleged the employer failed to perform adequate screening. On the other, employers and background screening firms also face lawsuits from job applicants complaining about the accuracy of background reports, or failure to meet the guidelines of the federal Fair Credit Reporting Act (FCRA). In a number of cases, class action suits are being utilized as the vehicle to bring legal actions against employers. This is Trend Number 7 of the fifth annual ‘Employment Screening Resources (ESR) Top 10 Trends in Background Checks’ for 2012. To view the list of trends, visit http://www.esrcheck.com/ESR-Top-10-Trends-in-Background-Checks-for-2012.php. Continue reading

Jury Awards 7 Million Dollars to Family of Truck Driver Killed in Accident in Negligent Hiring Case

The family of a truck driver killed in a 2008 accident in Arkansas was recently awarded $7 million in damages in a wrongful death lawsuit brought against a timber company and its truck driver in an Arkansas Federal Court, according to a press release in the Kansas City Star. A group of Kansas City-area lawyers serving as counsel for the family of the man killed in the accident argued that the timber company had negligently hired the truck driver who caused the accident without conducting a basic background search that would have quickly revealed a history of unsafe driving that included having his license revoked twice. Continue reading

California Supreme Court Case Demonstrates Difference Between Negligent Hiring and Direct Employer Vicarious Liability

A case decided by the California Supreme Court on June 23, 2011 graphically demonstrates the difference between allegations of negligent hiring as opposed to “vicarious” liability where an employer has direct responsibility for the acts of an employee. Continue reading

Webinar Shows Employers and HR Professionals How to Avoid Negligent Hiring with Background Checks

Attorney and safe hiring expert Lester Rosen, the founder and President of Employment Screening Resources (ESR), will present a webinar for employers and Human Resource professionals titled ‘Avoiding Negligent Hiring with Background Checks’ on Thursday, June 16, 2011 from 2:00 p.m. to 3:30 p.m. Eastern Time (11:00 a.m. to 12:30 p.m. Pacific Time). For more information on the webinar, which is worth 1.5 HRCI Credits upon completion, please follow this link. Continue reading

Webinar on Negligent Hiring and Background Checks Helps Employers and Human Resources Avoid Bad Hires

Since many employee problems are caused by problem employees, safe hiring expert Lester Rosen, CEO of accredited background check company Employment Screening Resources (ESR), will present a live 60 minute webinar – ‘Negligent Hiring and Background Checks – Best Practices, Trends and Legal Compliance’ – on Thursday, June 9, 2011 at 3:00 pm ET (2:00pm CT, 1:00pm MT, 12:00pm PT) to help employers and Human Resources professionals avoid bad hires by practicing due diligence with background checks. For more information about the webinar or to register, please follow this link. Continue reading

Family of Woman Killed by Bus Sues Company for Negligent Hiring of Driver with History of Traffic Violations

The family of a 26-year-old Illinois woman struck and killed by a tour bus as she crossed a street has filed a lawsuit in Cook County court claiming that the owners of the bus were negligent in hiring and retaining a bus driver who was a convicted felon with 20 citations for traffic violations and whose Commercial Drivers License was temporarily suspended in 2008, according to a report on the Chicago Sun-Times media wire. Continue reading

Employment Screening Resources to Present at NCHRA to Help Employers Avoid Negligent Hiring

With negligent hiring currently one of the fastest growing areas of employment litigation, employers and Human Resources (HR) professionals need to implement legally compliant background screening processes to hire the best employees.

Employment Screening Resources (ESR), a background check firm located in Novato, California that is formally accredited by the National Association of Professional Background Screeners (NAPBS®), has announced its founder and President, Lester Rosen, will present an educational session titled ‘Negligent Hiring and Background Checks: Best Practices and Legal Compliance’ at the Northern California HR Association (NCHRA) HR West® 2011 at the Oakland Convention Center in Oakland, California on Monday, April 11, 2011 from 3:00 p.m. to 4:15 p.m. PST. For more information or to register for the event, visit: http://www.hrwest.org/. Continue reading

Attorney Lester Rosen to Discuss Best Practices for Background Checks at San Francisco EAC Event

Lester Rosen, Attorney at Law and President of Employment Screening Resources (ESR), a background check company in Novato, California accredited by the National Association of Professional Background Screeners (NAPBS®), will present an educational session – ‘Negligent Hiring and Background Checks: Best Practices and Legal Compliance’ – for the San Francisco Employers Advisory Council (SF EAC). The event will take place on Thursday, April 7, 2011 from 8:00 a.m. to 10:00 a.m. Pacific Time at the San Francisco Chamber of Commerce, 235 Montgomery Street, in San Francisco, California. For more information or to register, visit: http://ceac.org/events/detail/san_francisco_04_07_11. Continue reading

Background Check of Bus Driver with Criminal Past under Scrutiny after Fatal Crash in New York

The Governor of New York has ordered an investigation into a horrific bus crash that left 15 passengers dead, citing the “criminal record and driving history” of the bus driver after it was revealed that he had served prison time for manslaughter and forgery and had his driving privileges suspended after ignoring tickets for speeding and driving without a license, according to a report from CNN. The story also raised questions about what background check, if any, was conducted on the driver before he was hired. Continue reading