Personally Yours Negligent Hiring/Retention

This case explores the legal responsibilities an employer has to conduct background searches and to dismiss employees who pose a potential danger to co-workers and/or clients.

Three roles that will be involved: Human Resource Supervisor (Gary Garcia), Branch Manager (Violet Jennings), and Human Resource Manager (Alyssa Williams).

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Scenario:

Human resource supervisor Gary Garcia leaves a meeting at the local SHRM chapter with some great ideas about how Personally Yours could improve their HR operations. Overall, things are running pretty efficiently; Personally Yours is a quickly-growing medium-sized organization, though, and in many ways it still operates like the small, family-owned and -operated business it was just a few years ago. For example, existing hiring processes are standardized at headquarters and at the branch offices. Each job applicant completes a standardized application, submits a résumé (if appropriate for the position), does pre-employment testing, and undergoes a background check (which includes contacting references and former employers and conducting a criminal background check). However, this was not the case when the company was first started, and many longtime employees have never undergone a background check. This is extremely troubling to Garcia, in light of the fact that their employees work in clients’ homes and have contact with vulnerable individuals (e.g., children, elderly, infirm).

Activity: This is a two-part scenario.

Part 1 – You are to determine if background checks on all employees are necessary. In order to do this, you should research Background Checks and what is required from those individuals who have contact with the elderly, children and the infirmed . You are to write a protocol to conduct them (e.g., which employees, how thorough).

Part 2 – It has come to Jennings’ attention that one of her longtime employees, Jackson Tibbits, a handyman, is on the Florida Sexual Offender list. After doing more research, she learns that 17 years ago, when Tibbits was 24, he was convicted of having unlawful sexual contact with a 15-year-old female. As a registered sexual offender, Tibbits cannot live within 1,000 yards of a school and must register with the state anytime he moves. Also, he is prohibited by law from holding positions such as schoolteacher and health care professional. You must decide Personally Yours should terminate Tibbits based on this newly discovered information. Once you have made a decision, you are to write a justification for your answer.

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