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Court Cases
Consider the following case: In Virginia G. v. ABC Unified School District, 15 Cal.App.4th 1848 (1993), the plaintiff, who attended a school within the defendant school district, was molested by one of her teachers. The plaintiff alleged that prior to the hiring of the teacher by the defendant school district, the teacher had been terminated from another school "because of his sexual misconduct in relation to his then young female students." The California Court of Appeals reversed a judgment in favor of the school district, finding that the school district had a special duty towards the plaintiff student and that the teacher's prior sexual misconduct established that he posed a reasonably foreseeable risk of harm to students under his supervision.
A thorough and systematic background check on an applicant has served to insulate an employer from liability when the applicant later committed an act of violence after being hired. In Connes v. Molalla Transport System, Inc., 831 P.2d 1316 (Colorado, 1992), a trucking company was not liable for negligent hiring as to sexual assault on a motel clerk by an on-duty trucker where the company: (1) had required the trucker to complete an extensive job application; (2) had received proof of a valid license; (3) had asked for conviction information; and (4) had contacted two former employers.
If an employee performs a criminal act or is involved in an accident while on-duty, the employee's application will likely become "Exhibit A" in the ensuing litigation. Furthermore, an employer may be forced to answer the following questions:
- To what extent was the applicant's background investigated prior to hiring?
- Was a reasonable investigation conducted given the position for which the individual applied?
- Did suspicious factors such as short-term residences and gaps in employment cause you to question the applicant's background?
- Could the potential risk have been discovered through a reference or background check?
- Was this information readily available and inexpensive?
- Was the risk or duty greater because of the nature of the job held? What was the degree of trustworthiness required for the position?
An employer can avoid having to answer these questions in hindsight, by instead utilizing thorough and systematic screening procedures for all job applicants. At Glenbrook Enterprises, Inc., we provide comprehensive employment screening services that can help you:
- perform a social security search to reveal aliases and prior addresses which may be used to conduct a thorough criminal search;
- check the prior criminal convictions of any/all applicants;
- conduct a thorough check of the applicant's prior employment and educational history, which may reveal poor performance or inexplicable gaps in employment or education;
- verify the authenticity of any professional licenses or certificates which may be required of applicants;
- verify that the applicant holds a valid driving license and has an acceptable driving history before the individual is named on company insurance, drives a company vehicle or uses his/her car for a company errand;
- investigate the credit history of any individual likely to handle money or financial accounts.
Let Glenbrook Enterprises, Inc. assist you in your hiring process. A comprehensive pre-employment background screening program may potentially reduce company liability and insurance costs, and protect the welfare of your employees and patrons.
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