Q: Background checks will only reflect history back 7-years, correct? Is that regardless of the “crime” even if there are felonies on the record, or are there exceptions? A: Well, there are a number of screening companies that ignore California Law , following only the Federal law which has lifted the time requirement. California is [...]
Trucking company’s negligent hiring practices lead to fatal collision The plaintiffs alleged that the driver of a tractor-trailer was negligent and reckless for driving while fatigued and crossing the centerline. Suit against his employer alleged negligent hiring, among other claims. The parties reached a confidential settlement after the jury awarded $7 million. Reagan v. Dunaway [...]
The killing of a south Charlotte store manager – allegedly by a felon hired to work there – highlights the risks companies take when they hire an employee with a criminal record, or don’t do a full background check on applicants. The Flying Biscuit Cafe in StoneCrest shopping center faces possible fines or other penalties [...]
For many companies, referencing evokes more emotions that a hangover. Why you ask? Because the sheer nature of verifying employment, or education, or attempting to make contact with those dreaded former supervisors, co-workers or friends can take such inordinate amounts of time that one regularly wonders if it is really worth it! As an employment [...]
As a Consumer Reporting Agency, APSCREEN is not authorized by law to purvey unverified information. APSCREEN has long led the fight against the use of Social Media in the hiring context for several reasons: a. No consent is usually given to use Social Media by the candidate, unless an expressed consent is given for an [...]
The EEOC received 99,922 charges of alleged discrimination in 2010, the highest number in recent history. As its workload has increased, the commission has sought greater funding so it can pursue cases in which employer hiring practices discriminate broadly against members of protected classes. Those practices include using criminal background checks and credit-history checks to [...]
Effective January 1, 2012, a new California law – Senate Bill 459 (SB 459) – imposes stiff penalties that range between $5,000 to $25,000 for the “willful misclassification” of independent contractors by employers “avoiding employee status for an individual by voluntarily and knowingly misclassifying that individual as an independent contractor.” To read SB 459, visit: [...]
In reviewing Snell & Wilmer’s guidelines, the layman will gain a useful basic understanding of this area of the law. What is omitted is the primary legal ‘pursuit’ concept of respondeat superior which a legal doctrine which states that, in many circumstances, an employer is responsible for the actions of employees performed within the course [...]
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Jason James Murphy, a convicted child molester, began cooperating with an LAPD investigation, as child protection advocates called for background checks for those with access to child actors. Read more
Thomas C. Lawson, CFE, CII
CEO, APSCREEN
Negligent Hiring Expert Witness
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