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Employment Background Checks

Employment Background Checks — Sat, 28 Nov 2009 02:56:26 +0000

A recent article in the Connecticut Law Tribune re-enforces what ESR has been advising employers for some time; that lawsuits for negligent hiring and negligent retention are among the most common claims against employers.

Per the article, “The difference linking the hiring and retention claims is when the employer became aware of a threatening employee; regularly, the arguments are that employers inadequately screened job applicants or failed to act on complaints about an employee who later committed a violent act.”

The tale concerns workplace violence and employee behavior that can be hostile, threatening or violent. This can lead to lawsuits seeking hurts for emotional distress, a hostile workplace, all the way to hurts stemming form violence where a person is the victim of a workplace crime. The article noted that, “In a terrible economy, stress increases and people’s fuses get shorter.”
The article cites a study in the 1990s, where “liability expert Norman D. Bates conducted a study that found workplace violence tort cases averaged $500,000 per settlement and a $3 million per jury verdict.”

According to the article: “The potential for litigation seems to be high, based on U.S. Department of Labor statistics. On average, extra than 2 million acts of violence occur in the workplace every year. When it comes to assaults, women are targeted at a much higher rate than men, both in Connecticut and nationally. From 2005-07, the U.S. Department of Labor tracked 1,250 non-fatal workplace assaults in Connecticut, and women were the targets in 77 percent of those cases. On the national level during the same period, women were targeted in 63 percent of the extra than 47,000 non-fatal assaults.”

The article discussed that while many employers are focused on preventing workplace homicides, there are many lesser acts of hostility, such as workplace intimidation, harassment, sexual harassment and psychological abuse that can be red flags for future violence that also need to be addressed. See: Taking Aim At Workplace Disputes at http://www.ctlawtribune.com/getarticle.aspx?ID=35073

Employers have a substantial incentive to ensure that they are hiring qualified staff. One terrible hire can make a legal and fiscal nightmare. Without conducting due diligence in hiring, an employer risks hiring someone with an unsuitable criminal record, fake credentials, workplace violence, business interruption, embezzlement and a host of other issues.

If an employer hires someone that they either knew or should have known, in the exercise of reasonable care, was perilous, unfit, unqualified or dishonest, then that employer can face a lawsuit for negligent hiring if that hire caused hurts or commits a crime. Negligent hiring is the opposite of due diligence. Of course, employers do not intentionally go out of their way to hire a terrible employee. If an employer makes a terrible hiring choice, and someone is harmed, then the jury is usually faced with the issue of whether the employer reasonably “should have known” that the applicant represented a risk.

Many employers believe they are at a disadvantage when sued for negligent hiring or retention. Cases will naturally have some sort of serious harm (fatality, assault, rape, sodomy, child molestation, theft, embezzlement, identity theft). That is because the lawyer for the plaintiff (the injured party that is suing) regularly is working on a contingency fee, and will naturally only invest time and money in serious cases. Jurors are regularly employees themselves and may not believe overly sympathetic to an employer that had the ability, duty and resources to prevent harm through due diligence. As a rule of thumb, unless an employer has a compelling reason why an injury is not its fault, the employer has a tough job defending these suits. Even if the employer wins, it is at the expense of negative publicity and a fantastic deal of time, money and try spent involved in the litigation. (For potential employer defenses that can effective, see the next article)

As every creature resource professional knows, the foremost source of employee problems are problem employees. Efforts at minimizing the hiring of problem employees go a long ways towards making a safe and profitable workplace.

Written and reported by www.ESRCheck.com 11/25/09

Consumers Warned about Identity Theft during Black Friday, Cyber Monday & Holiday Season

Personal Background Check Blog — Tue, 24 Nov 2009 19:40:00 +0000

While “Black Friday” – the day after Thanksgiving – is known as the beginning of the holiday shopping season when retailers go from “red” (posting a loss) to “black” (turning a profit), online shoppers recognize “Cyber Monday” – the Monday after Black Friday – as the beginning of the online holiday shopping season.

But, Black Friday and Cyber Monday are also the beginning of the holiday season for cyber-criminals looking to commit identity theft and fraud. According to the 2009 Disorder of the Net Survey from Consumer Reports, online scams that included identity theft and fraud cost consumers $8 billion over the past two years.

As a result, security technology company McAfee, Inc. is warning online shoppers about “The Twelve Scams of Christmas” that could lead to identity theft and fraud during Black Friday, Cyber Monday, and the rest of the holiday shopping season.

To protect themselves during Black Friday, Cyber Monday, and the holiday shopping season, McAfee offers consumers tips on how to avoid identity theft and fraud and steer clear of “The Twelve Scams of Christmas” that could make their holidays a modest less pleased. All of the following are examples of ways cyber-criminals can trick consumers into giving away private and fiscal in rank in order to commit identity theft, fraud, and other crimes:

In order to avoid identity theft, fraud, and other scams during Black Friday, Cyber Monday, and the rest of the holiday shopping season, McAfee advises online shoppers to protect their computers and private in rank by: avoiding suspicious e-mail links; updating security software; shopping on secure networks; changing passwords, and; using common sense.

In other words, if a deal seems “too excellent to be right” during Black Friday, Cyber Monday, and the holiday season, it could lead to identity theft and fraud instead.

MyBackgroundCheck.com is a leading provider of consumer requested “private” background checks that allow consumers to keep their private in rank up-to-date, accurate, and safe from identity theft and fraud. To learn how private background checks can help prevent identity theft and fraud during Black Friday, Cyber Monday, and the holiday shopping season, visit www.mybackgroundcheck.com, email info@mybackgroundcheck.com, or call 1-800-503-2364. Follow MyBackgroundCheck.com on Twitter at www.twitter.com/MyBackgroundChk.

pr@mybackgroundcheck.com

*We welcome relevant comments and questions from consumers, experts, and creature resources professionals. Please do not submit comments with advertisements as they will not be posted publicly. Thanks for visiting our blog!

Forget Your Job. Could Facebook Get You Robbed?

Lance — Fri, 28 Aug 2009 16:24:14 +0000

Last week I wrote about an unfortunate incident where a person was fired over Facebook for an unruly update. Well forget that for a while because your unruly update could lead to your house being paid robbed (via Mashable):

The concept is backed up by recent statistics from British insurance and investment management firm Legal & General, whose survey found nearly 40% of social networking users share holiday plans on sites like Facebook and Twitter. They also found about 13% of Facebook users and 92% of Twitter users tend to accept friend requirements or follows without read-through up on the source.

Of course, on Twitter that’s default behavior. You have to actively go out of your way to block someone, and the social culture is infused with an ethos of openness and public updating. On the flip side, surely there is some gray vicinity emerging as we culturally get used to the ramifications of “living out in the open” with rising frequency. It takes some being paid used to, and until we’re extra widely savvy about it these kinds of events will pocket up again to be learning experiences.

The ramifications of living your online go out in the open is starting to come into play. The question remains if people are going to react and really start living a bit extra privately or if it will pocket some foremost crimes to convince people to not keep such an open network.

What are some things you can do to protect yourself?

Don’t allow weirder to access your private in rank. Things like addresses and phone numbers can be used to trail you and figure out where you are at.
Use discretion when posting real time updates. You can always post pictures and updates when you are back home.
Be aware of other people’s in rank and keep a close eye on anything suspicious. Like an online neighborhood watch.

Fired On Facebook? The Dangers of Social Networking Openness

Lance — Thu, 13 Aug 2009 19:40:02 +0000

I’ve heard many things that would surprise you about what employees say and do to their bosses, especially after work hours. I had a friend once tell me that they were at a bar where this person was telling this tale about how he continued to sabotage his boss at work and that it was irrevocably beginning to pay off. When the guy telling the tale mentioned where he worked, it wasn’t too long until it got back to me.

Yes, HR people have friends.

But this is beyond stupid. Ranting about your boss on Facebook when he is together with you on there? Check out this tale:

A British woman is regretting adding her boss on Facebook, after she was publicly fired on the social networking site for defaming her employer.

The woman, whose identity was blacked out on internet blog Applicant, reportedly vented her frustrations about her boss and workplace on her Facebook status.

After posting “OMG I Despise MY JOB!! My boss is a total pervvy (sic) wanker always making me do sh*t stuff just to piss me off!! WANKER!” she was immediately fired by her boss.

Look, you despise your job. Fine. Out of all people, I know what that is like. All gets into that situation at some top in their go. But you wouldn’t say that in a room full of people that happened to have your boss in it, right? Right?

Well, that’s how we have to reckon about social networking now. This is the real deal folks. If you are going to include your boss on your Facebook page, you are going to have to act like you are at worked.

Maybe extra casual Friday at work but work nonetheless.