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 [...]
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 [...]
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 [...]
We’ve been providing comprehensive background checks for pre-employment screening for a long time and we wanted to share the top 5 tricks employment applicants are using to cheat drug tests. These pose real risks to employers and could lead to negligent hiring lawsuits. Rapid Detoxification — Many applicants will ingest anything from high quantities of [...]
San Francisco considers barring employers, landlords from inquiring about arrests or convictions – latimes.com Therein lies the rub – “which record belongs to the person I am interested in?” There is a tremendous amount of “data” but which of it applies? That is why there is VERY HEAVY regulation in the Consumer Reporting Industry, and [...]
Here is a link to the latest article in which Tom Lawson, CEO of APSCREEN, is interviewed by FRAUD Magazine in April 2011. Employee Background Roulette, Hirer, Beware
“$10.8 Million dollars in damages should be a be wake-up call to employers and will change the process for hiring professional drivers of any discipline, It also underscores the importance of having an in-place drug testing program in support of a company’s zero tolerance drug policy, and to ALWAYS do a background check emphasizing the [...]
Thomas C. Lawson, CFE, CII
CEO, APSCREEN
Negligent Hiring Expert Witness
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