by Thomas Ahearn, ESR News Staff Writer A case against a Kentucky nursing home may reveal holes in laws meant to protect nursing home residents since the state only requires criminal background checks for employees caring directly for nursing home residents but not background checks for nursing home support staff like maintenance workers. According to …Continue reading "Kentucky Case Uncovers Holes in Background Checks for Nursing Home Employees"
By Lester Rosen, President of ESR (Originally Posted on Toolbox for HR) From the mailbox: Why shouldn’t employers simply do their own background checks in-house? They can hire people from the screening industry and can certainly figure it out. Answer: First, the fact that a firm may be able to set up an internal screening …Continue reading "The Dangers of Do-It-Yourself Background Checks"
By ESR News Staff Employment Screening Expert Lester Rosen, President of Employment Screening Resources (ESR), a leading employment screening firm headquartered in the San Francisco area, will present a session on background checks at the SHRM Annual Conference and Exhibition on June 30, 2010, in San Diego, California. The annual event — the world’s largest human resources …Continue reading "Employment Screening Expert Lester Rosen to Present Session on Background Checks at SHRM Annual Conference"
When a hired worker enters your home to perform a service that you requested, do you know to whom you are opening your door? So asks an article on HuffingtonPost.com — ‘Could You or a Loved One End Up Like Elizabeth Smart?’ — that shows why background checks are needed to uncover unsafe employees working in and …Continue reading "CAUSE Shows Background Checks Needed To Uncover Unsafe Service Employees Working In Homes"
By Thomas Ahearn, ESR Staff Writer A recent article in the Denver Business Journal reveals details about a little-known bill that may have a big impact on the business community in Colorado with regards to employer liability from negligent hiring. House Bill 10-1023 ‘Employer Liability Negligent Hiring’, recently signed into law by Colorado Governor Bill Ritter, …Continue reading "New CO Law Gives Ex-Convicts More of a Chance to Find Jobs and Employers Less of a Chance of Liability from Negligent Hiring"
If an employer is sued for negligent hiring on the basis that they hired someone that they either knew or in the exercise of reasonable care should have know was dangerous, unqualified, unfit or dishonest, and it was reasonably foreseeable that some of harm could occur, an employer can be sued for negligent hiring.Â That …Continue reading "Defenses That Do and Do Not Work in Negligent Hiring Cases"
In the April, 2009 ESR Newsletter, ESR reported on a case in Ohio where a negligent hiring lawsuit was filed on behalf of a sleep clinic patient that was sexually molested by a staff member.Â http://www.esrcheck.com/newsletter/archives/April_2009.php.Â The article reported that a technician was facing gross sexual imposition and sexual imposition charges for allegedly molesting five …Continue reading "Due diligence risk management and Employment Screening"
The case involved a plumber that was hired in 1999, even though the plumbing company knew the person had been convicted of domestic violence and/or arson involving the plumber’s ex-wife. Four years later, in 2003, the plumber performs a service call at the victim’s home. The plumber and the victim started a relationship that eventually …Continue reading "California Case Demonstrates Outer Limits to Negligent Hiring Exposure"
Searching for criminal records is much more complicated than it appears on the surface. Contrary to popular belief, there is no central database available to most private employers to instantly find a person’s criminal record at one touch. The FBI database is only available to employers that are legally authorized to submit fingerprints, the readouts …Continue reading "The Basics of Criminal Records Searches"
A recent article in the Connecticut Law Tribune re-enforces what ESR has been telling employers for some time—that lawsuits for negligent hiring and negligent retention are among the most common claims against employers. Per the articles, â€œThe difference between the hiring and retention claims is when the employer became aware of a threatening employee; often, …Continue reading "Negligent hiring and retention leading causes of employment lawsuits"