Tag: violence prevention strategies

Can an Employer Be Held Responsible for What an Employee Does Off the Clock? September 30, 2022 A recent $7.35 billion jury award out of Dallas County, Texas, reminds employers that inadequate employee screening and violence prevention strategies could lead to severe consequences. Unfortunately, many employers forget that, in certain circumstances, they can be held liable for their employees' actions even off the clock. In this recent case, a jury found a major cable provider liable for the 2019 murder of an 83-year-old woman. The plaintiffs accused the cable provider of failing to perform appropriate employment screening. Had the cable provider screened the employee, they would have discovered that the worker lied about his work history. The provider would also have found red flags like emotional and financial distress that can lead to violence. Typically an employer is only liable for employee misconduct when it occurs within the scope or performance of their duties. It is rare for employers to be held responsible for employee negligence outside of work hours and the performance of their duties. In this case, the latter applied, and the employer became liable for failure on multiple points. First, the employer failed to recognize and act on red flags from the employee's behavior in the weeks before the tragedy occurred. For example, less than two weeks before the murder, the employee begged a supervisor for money. The supervisor turned him down, and the incident went unreported. A day later, the worker broke down about his wife leaving him. Also, days before the murder, he misused a company van, which he later used in the murder. The company missed a critical opportunity to avert the tragedy by not recognizing and acting on these red flags. The company's hiring process was the next and possibly most crucial mistake. It was standard to perform employment verifications and criminal background checks in the employer's industry. Though the employer performed the latter, it failed to verify the employee's employment history. Checking the employment history would have revealed several lies. These lies include previous jobs firing him for severe misconduct, harassing coworkers, forgery, and ignoring supervisors' instructions. In addition, he had left out multiple previous jobs altogether. A thorough background check process in line with industry standards would have detected these issues and may have prevented this tragedy altogether. Instead, the employer left itself liable by failing to perform a background check. Employers should always perform background checks tailored to the risks of their industry. In addition, companies should find trusted third-party screening providers to ensure accurate and complete reports. Due to these mistakes, a jury found that the company's actions were the "proximate cause" of the victim's death. As a result, it held 90% liability with a combined $7.37 billion verdict. This case should serve as a notice for other employers to review their hiring and workplace violence prevention policies and ensure they are up to par. If not, it is time to act before any tragedies occur. Background checks are made easy with Pre-employ. Ask any questions you may have and learn more by contacting a sales rep today. Source

Tag: violence prevention strategies

Can an Employer Be Held Responsible for What an Employee Does Off the Clock? Dallas County Jury Says…

Our Process

Our Platform

Screenings

For Your Industry

For Your Role

Webinar

Resources Library

Logins

E-Book

Services

Industry

Resources

Our Company