Is your screening program a "one-and-done" during the onboarding process? Do you have employees that have never had a background check? Or only had a limited background check? This webinar discusses the importance on an ongoing screening program, workplace violence and the legal concepts of negligent hiring and retention.

1. Should I Be Conducting Criminal Background
Checks on Existing Employees?
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3. Facilitators
Mike McCarty
 CEO SHS
 Metro Nashville PD
 Domestic Violence
Division
 Breaking the Cycle
 iRefCheck

4. Why Are We Here?
 We have employees who:
 Have never had a background
check
 Had a limited background
check
 Have not had a background
check in more than 5 years

5. Background Screening is not…
 A “one and done”
process
 Background screening
must be an ongoing
process

6. Background Screening Reports…
 Historical document
when completed
 Candidate could be
arrested 1 minute after
report is complete and
it will not show

7. Recent examples….
 Penn State
 Syracuse
 Employee discovered after
client accidently hit re-screen
button- felony arrest pending
 Teachers aide sexual
molestation case 19yrs ago
 Teacher accused of rape- had a
felony conviction while
employed- school did not
know

8. Legal Issues
Workplace Violence
 572,000 nonfatal violent crimes
(rape, robbery, assault) in 2009
 35% decline 2002-2009
Contributing Factors:
 Post 9/11 focus on safety &
security
 Security policies & procedures
 Comprehensive background
screening

9. Due Diligence
The attention and care
made by a prudent or
reasonable person to
avoid harm to another
person or their
property.

10. Negligent Hiring….
 If an employer hires someone
that they either knew or should
have known was dangerous or
unfit for a position and it was
foreseeable that someone could
have be harmed then they could
be sued for negligent hiring.
 It is the "should have known"
that creates problems for
employers
 How many employees have
never been screened?

11. Negligent Retention Doctrine
 If employer becomes aware or
should have become aware of
problems with an employee who
demonstrated unfitness and
employer takes no corrective
action (investigating, reassignment
or termination).
 It is not enough to just screen new
hires.
 Due diligence must be exercised in
an ongoing safe workplace
program.

12. Recent Case Study Sept. 2011
Employer implements current
employee background screening
program w/ 578 employees:
 42.1% hit ratio (average is 10-
12%)
 250 felonies
 489 misdemeanors
 22 employees (including a
senior manager) terminated for
falsifying application (indicated
they did not have a criminal
record when they were hired).

13. How to implement an ongoing
screening program….
Requires policy change or
development:
 Define business necessity
 Define frequency
 Define how it will be
implemented
 All employees; or
 % of employees monthly
starting with most senior

14. ATM Corp. of America vs.
Unemployment Board of Review
 Employer implemented
new policy requiring
ongoing background checks
 Employee refused to
authorize
 After 3 attempts, employer
terminated
 Federal courts upheld
termination as employer
articulated a business
necessity

15. Technology to make the process
easier…
 ATS “paperless”
processing
 Screening alert

16. Questions?
 Use chat box
 Sign up for blog: info.safehiringsolutions.com
 Email or call for assistance implementing an
ongoing screening program
Thank You for Participating