IN
THIS EDITION: |
IN
THE NEWS: |
- Personal
Care Company Sued For Negligent Hiring and Not Conducting
Background Check
- Fortune
and Forbes magazines reported
- Kress
Employment Services -2007 Background Screening Trends
-
Violent Crime Reports Up 1.9 Percent In 2006: New FBI
Data
- 2007
College and University Professional Association for Human
Resources Conference & Expo
-
Securing New Ground: The Business of Security
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Personal Care Company Sued For Negligent Hiring
and Not Conducting Background Check
T-L-C
Caregivers, a Pensacola-based personal care company owned
by state Sen. Don Gaetz, his wife and a third person, is
being sued by a man who alleges he was sexually molested
by a caregiver. Jeremy Empie, who has had cerebral palsy
since birth and has little use of his arms or legs, alleges
that former employee Kelly Campbell fondled him in December
2004 while assisting him in the restroom of his home. Empie's
attorney, Todd Ladouceur, claims that Campbell had served
four years for aggravated battery in a Louisiana prison
prior to applying for the caregiver's job. He also alleges
that Campbell made it clear to the people at T-L-C that
he was a convicted felon. "There are multiple statutes
that protect people with developmental disabilities,"
Ladouceur said. "There's a whole list of convictions
that disqualify you from doing this type of (caregiver)
work. Aggravated battery is one of those." Ladouceur
also contends that companies like T-L-C are required to
conduct state and national background checks before hiring
anyone. The full FDLE background check was not completed
before Campbell was hired, Moore said.
For
More Information Go To: http://www.nwfdailynews.com/article/7588

Fortune
and Forbes magazines reported in 2006 that:
-
Within 18 months of being hired, 46% of all new hires
will fail.
- Only
11% of employees fail due to lack of technical skills,
yet most interviews focus solely on technical skills and
abilities
As read
in Hire Excellence a publication of ZERRORISK HR, INC.,
Summer 2007
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Kress
Employment Services -2007 Background Screening Trends
Launched
in July 2007, the “Background Screening Trends” survey
includes online responses from 277 HR professionals and executives
who interact with the background screening process regularly.
Key
Findings
- More
information leads to better hiring decisions
- Better
background screens yield better employees
- The
intricacies of the laws affecting background screening are not
fully understood
In addition,
the survey revealed an important change in the selection criteria
HR Professionals are using to select background screening provides:
HR professionals
value three components of the background screening process: accuracy,
turnaround times and customer service. This is a significant change
from the past, when the primary selection criterion was cost.
This is evidence of a maturation of the background screening industry
in that HR providers are evaluating quality. Accuracy, turnaround
times and customer service are the top selection criteria for
respondents from all company sizes, selected by 90.6 percent,
87.4 percent and 69.3 percent, respectively.
Accuracy
Accuracy was ranked as the single most important criterion by
64.8 percent of respondents, and 94.2 percent of respondents completely
agree that the accuracy of each screen is important. Respondents
also indicated that accuracy is worth the time it takes; 77.3
percent of respondents said they believe further research is necessary
to locate complete and accurate information in case of a discrepancy.
For More Information
or to Get the Complete Survey Results Go To: http://www.kressinc.com/cfr_082807.htm

Violent
Crime Reports Up 1.9 Percent In 2006: New FBI
Data Violent
crime reports in the U.S. increased 1.9 percent last year compared
with 2005, the FBI reported today. The rise was greater than that
reported in the FBI's preliminary report for last year issued
in June, which gave the figure as 1.3 percent. The new volume
includes data from more law enforcement agencies. While the rate
of violent crime-473.5 per 100,000 inhabitants-rose for the second
straight year, it is the third lowest total in the past two decades.
Property crimes rates dropped to their lowest level since 1987.
The FBI
report showed murders up 1.8 percent, from 16,740 to 17,034. The
preliminary report had murders up .3 percent from 2005. Robbery
reports jumped 7.2 percent, from 417,438 to 447,403. Property
crimes were down 1.9 percent. Of specific property crimes, motor
vehicle thefts dropped 3.5 percent and larcenies 2.6 percent but
burglaries increased 1.3 percent. The full data report can be
accessed on the FBI's Web site.
For
More Information Go To: http://www.fbi.gov/page2/sept07/cius092407.htm

New
Foster Care Bill Includes Stringent Background Checks
Sen. Tom Niehaus
recently introduced Senate Bill 163, a foster care reform bill
spurred by an incident in Clermont County OH — the Marcus
Fiesel case.
The 3-year-old
boy’s foster parents bound him, tied him up and locked him
in a closet where he died while they went to a family reunion
in Kentucky for the weekend. The bill provides some requirements
for additional background checks for foster parents. This would
include a Bureau of Criminal Investigation and Identification
background check and other additional checks that are required.
According
SB 163, in part, the list of offenses that disqualify a person
from providing out-of-home care, being certified as a foster parent,
or being approved as an adoptive parent will be expanded to include
the following: cruelty to animals, permitting child abuse, menacing
by stalking, menacing, soliciting or providing support for act
of terrorism, making terrorist threats, terrorism, identity fraud,
inciting to violence, aggravated riot, ethnic intimidation, or
two or more state OVI or state OVUAC violations committed or substantially
equivalent offenses within the three years immediately preceding
the submission of the person's application. It also allows a public
children services agency to access the otherwise confidential
criminal records checks for prospective out-of-home care providers,
foster caregivers, or adoptive parents.
For More Information
Go To: http://www.irontontribune.com/articles/2007/09/17/news/news374.txt

Average
Cyber Crime Loss Increases For U.S. Businesses
The Computer Security
Institute (CSI) recently released its 2007 report with news that
the average annual loss reported by U.S. companies in the 2007
CSI Computer Crime and Security Survey more than doubled, from
$168,000 in last year's report to $350,424 in this year's survey.
This ends a five-year run of lower reported losses. Financial
fraud overtook virus attacks as the source of the greatest financial
loss. Virus losses, which had been the leading cause of loss for
seven straight years, fell to second place. Another significant
cause of loss was system penetration by outsiders.
For More Information
Go To: http://www.secprodonline.com/articles/50783/

Manpower
Employment Outlook Survey Reveals Steady U.S. Hiring Plans for
Fourth Quarter 2007
U.S. employers
plan to maintain a stable, yet cautious approach toward hiring
in the final quarter of 2007, according to the seasonally adjusted
results of the latest Manpower Employment Outlook Survey conducted
quarterly by Manpower Inc. "It is not unexpected that U.S.
employers have conservative hiring plans for the fourth quarter,"
said Jeffrey A. Joerres, Chairman & CEO of Manpower Inc. "The
market forces that impact hiring do not conclusively point toward
growth or decline, and that is a likely contributor to the prudent
hiring trends apparent in the survey throughout 2007." Of
the 14,000 U.S. employers surveyed, 27% expect to increase their
workforces during the fourth quarter of 2007, while 9% expect
to trim their payrolls. Fifty-eight percent expect no change in
the hiring pace, and 6% are undecided about their hiring plans.
The strongest fourth quarter hiring prospects reported globally
were in Peru, India, Singapore, Costa Rica, Argentina, Japan,
Australia, New Zealand, South Africa and Hong Kong. Italian employers
again reported the least robust hiring plans globally. Employers
in 11 countries and territories are reporting improved hiring
plans compared to the third quarter, while job prospects are expected
to improve in 14 countries on a year-over-year basis.
For More Information
Go To: http://www.us.manpower.com

A Recent Workplace Violence Case Finds
Employer Liability
Workplace violence, and liability for it, have
long been twin nightmares for the American employer. The awful
possibility that an employee with access to the workplace would
go berserk because of some real or imagined slight, and attack
people in a place where they work is the stuff of human resource
managers' worst dreams. To then be sued after such an event is
almost as bad, because it lays the blame for the deaths of coworkers
squarely at the door of the employer. Such a case is Thacker,
etc. v. DaimlerChrysler Corporation, et al., No. 05-CV-7285 (September
24, 2007), a recent decision out of a federal court in Ohio. On
a terrifying evening in January, 2005, at Chrysler's Toledo North
Assembly Plant, an employee named Meyers used his employee access
card to enter the facility and then shot three people killing
one of them. The murdered employee's wife sued, and the company
attempted to defend by claiming a workers compensation bar to
the negligence suit. Typically, workers compensation covers all
injuries at work absent a showing of a deliberate act by the employer
with the intent to injure the employee, or a showing that the
employer knew of a dangerous process (where injury was almost
certain) and required the employee to work in its presence anyway.
Using Ohio law in effect at the time (the standard has now been
revised by statute), the Court determined that a situation where
an employer has or might have knowledge of a person who is a threat
creates a duty for the company to defend its employees.
For More Information Go To: http://suitsintheworkplace.com/blogs/archive/2007/09/28/706.aspx

2007
College and University Professional Association for Human Resources
Conference & Expo,
November 8-10, 2007, Baltimore , MD, USA, http://www.cupahr.org/conference2007/index.asp
Securing New Ground: The Business of Security, November
13-14, 2007, New York, NY, USA www.Securingnewground.com
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