Employment Screening Resources (ESR) Newsletter and Legal Update

1. Health Care Facility Hit for Record $40 Million Dollars for Negligent Hiring

In the biggest jury verdict ever awarded in a negligent hiring case, a New Jersey jury earlier this year awarded $40 million in damages to the estate of a home health care patient who was stabbed to death in her own home by an employee of a home health care provider.  The health care provider did not perform a background check, even though the attacker told his employer that he had a criminal record.  If a background check had been performed, the employer would have also found a history of mental problems. 

The case underscores the legal duty of employers to exercise due diligence in hiring.  Any employer that hires someone they either knew or should have known was dangerous or unfit for a particular job can be held liable for negligent hiring if someone is harmed.  Obviously, most employers will not hire anyone that they knew was dangerous or unfit.  The issue is whether the employer, in the exercise of due diligence, should have known the person was dangerous or unfit.  Employers can utilize pre-employment screening as a way to avoid allegations of negligent hiring. 

2. ESR Rated Top Screening Firm in US According to First Independent Study Sponsored by HR.com

Employment Screening Resources (ESR) was rated as the top background-screening firm in an independent survey of the pre-employment screening industry just released by HR.com, North America's largest web destination for Human Resources (HR) professionals.

The ratings were contained in a 467-page research report prepared by the Intellectual Capital Group, a division of HR.com.  The report provides a comprehensive analysis of drug testing and background screening for Human Resources professionals, including a review and rating of service providers. The in-depth industry report sells for $2,495.00.

3. ESR Recognized for Role in Changing California Law

The November edition of The Public Record Update, the leading authority on public records searching in the US, recognized the effort of ESR to change the laws in California this year.  According to the article:

"CA Governor Davis recently signed into law two bills, AB 1068 and AB 2868.
These bills substantially amend the ill-conceived AB 655 regarding
pre-employment screening and employee investigation in CA..

Much of the credit for simplifying the law goes to Employment Screening
Resources (ESR) president Les Rosen.  Mr. Rosen testified before the state
legislature on why California employers needed the law to change and he
worked with the author of the bills in Sacramento to draft the clean-up
language."

4. Screening Seminar in January, 2003

Mark your calendars for January 15, 2003 for a complimentary HR workshop in San Leandro, CA.  "Selecting the Right Staff:  A Critical Issue for 2003": 

This is a three-part program focused on security screening, pre-employment assessment and key interviewing legalities.