W. Earl Capps, PHR, MESH, Human Resources Manager Web-Don, Inc., 1400 Ameron Drive, Charlotte, NC 28206 P: 704-940-1407 F: 704-940-1907 C: 843-532-8439
Not surprisingly, OSHA and the U.S. Department of Labor now consider workplace violence an occupational safety issue. Having an effective background check program in place should be a key part of how we protect our employees as well as our businesses.
It’s understandable that employers conduct background checks of those who are in roles of financial trust. However, I’ve talked with many whose background check efforts leave the rest of their workers unchecked and unscreened. This is ironic as many employers will spare no expense or amount of effort to protect employees from a wide range of hazards, many of which aren’t even in the top ten of workplace safety issues.
While the most concerning aspect of workplace violence is the human effect upon employees, customers and others, workplace violence incidents can also expose a company to lawsuits which can result in crippling financial losses. David Boling, Senior Vice President of Swimmer Insurance in Charlotte, cautions that when a workplace violence incident takes place, failure to conduct background checks can result in costly lawsuits against the employer. He also points out that having a background check process in place can help provide a valid defense against allegations of negligence in hiring.
Last year, a Texas jury awarded over $1 million to the family of an employee shot and killed by an employee who had a prior conviction for carrying a gun in a workplace. At the time of the shooting, the shooter was awaiting trial for making a “terroristic threat”. The company was found negligent for not conducting background checks, which would have revealed the shooter’s criminal history.
A jury award of this size could easily put a company out of business after such a tragedy, making a bad situation worse. As a human resources manager, I’m responsible for conducting background checks in my organization. If managed right, they should have minimal impact upon hiring times and cost very little. Most background check services only cost around $35 to $50 per use and results often come back in 24 to 48 hours.
A few things to keep in mind when using background checks to screen employees:
- CONVICTIONS, NOT ARRESTS: An arrest does not mean the same thing as a conviction. You should ONLY turn down someone for hiring if they have been convicted. If someone is charged and found not guilty, but are turned down for hiring, they can have grounds to sue.
- RECENCY AND RELEVANCY: You can also face legal actions from those turned down, as well as government agencies, if the offenses used as the reasons for turning someone down are not related to the job or many years in the past. Turning down hires for old and unrelated offenses got BMW fined $1.6 million two years ago.
- DON’T SCREEN ALL APPLICANTS: You should only use background check services on those you may actually consider hiring, not all applicants. Background checks take time and money so be sure to only use them when you are sure you are ready to extend a formal offer of employment.
- CHOOSE CAREFULLY: Not all background check services are alike. I have used good ones and bad ones – and many aren’t that good. On two occasions in my career, I’ve come in after individuals convicted of financial crimes were hired after receiving a clean report. Both ended up ripping the companies off, one for six figures, so reliability is crucial.
- DISCLOSE FIRST: You should disclose that you are using a background check service to all potential hires and have them sign a release form authorizing any kind of background check. Any decent background check service will require you to follow this procedure with applicants as a condition of using their service, as well as provide you a release form for potential hires to sign.
The costs and adverse publicity related to workplace violence can severely impact your bottom line, not to mention the human costs of those who are victims or bystanders. Having an effective background check service for screening potential hires can be a valuable part of protecting your workers from workplace violence.
