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
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
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
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
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
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
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
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
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
By Thomas Ahearn, Employment Screening Resources (ESR) News Editor
Attorney and safe hiring expert Lester Rosen, President of Employment Screening Resources (ESR), a background check company accredited by the National Association of Professional Background Screeners (NAPBS), will present a 60 minute webinar titled ‘Negligent Hiring and Background Checks – Best Practices, Trends, and Legal Compliance’ for Avant Resources on Wednesday, January 19, 2011 at 3:00 pm EST (12:00 pm PST). For more information on the webinar, visit http://www.avantresources.com.
“Employee problems are caused by problem employees, and this session will help employers and HR professionals avoid bad hires in the first place by practicing due diligence in their hiring programs,” says Rosen, the author of ‘The Safe Hiring Manual – The Complete Guide to Keeping Criminals, Terrorists, and Imposters Out of Your Workplace,’ the first comprehensive book on background screening. “Spending a great deal of time and energy to select the best hire quickly goes down the drain if an employer fails to exercise due diligence to ensure the candidate is for real.”
Without exercising due diligence, there is a near statistical certainty that a firm will hire someone with fake education or employment credentials or even an unsuitable criminal record. Even one bad hire can create a legal and financial nightmare, including workplace violence, unqualified workers and time wasted in recruiting and hiring the wrong person. Negligent hiring is one of the fastest growing areas of employment litigation.
In the webinar, participants will learn legally complaint best practices to keep a business productive and out of court, including how to obtain and utilize criminal records and background information on job applicants. In addition, participants will:
- Learn why background checks and due diligence have become mission critical for employers.
- Understand the importance of federal Fair Credit Reporting Act (FCRA), discrimination laws, and the impact of state specific rules and regulations.
- Understand the basics of a negligent hiring lawsuit and defenses that work and do not work.
- Get acquainted with cutting edge issues such as the new Equal Employment Opportunity Commission (EEOC) focus on criminal records and credit reports and the use of social network sites.
- Learn how to spot fraudulent employment and education credentials.
- Learn steps organizations can take today to implement a legally compliant program and to hire the best employees.
Rosen is a consultant, writer and frequent presenter nationwide on pre-employment screening and safe hiring issues. He also was the chairperson of the steering committee that founded NAPBS, a professional trade organization for the background screening industry and served as the first co-chairman in 2004. His speaking appearances, which include numerous national and statewide conferences, are detailed at: http://www.esrcheck.com/ESR_Speaks.php.
Founded in 1996 in the San Francisco area, Employment Screening Resources (ESR) wrote the book on background checks with ‘The Safe Hiring Manual’ by ESR founder and President Lester Rosen and is accredited by The National Association of Professional Background Screeners (NAPBS®) . To learn more about Employment Screening Resources, visit http://www.ESRcheck.com or contact Jared Callahan, ESR Director of Client Relations, at 415.898.0044 or jcallahan@ESRcheck.com.