Flagging Felons
A Texas jury awarded $1.1 million in damages to an 84-year-old patient with Alzheimer’s disease who had been raped by a janitor at her nursing home. He was hired by the home despite a rap sheet that included five felonies.
Even though the janitor offered a fictitious name, date of birth and Social Security number, the jury held the nursing home operators liable for $550,000 of the award.
According to the California Employer Advisor, a monthly newsletter on employment law and employee relations, the plaintiff’s lawyer argued that the nursing home failed to take five steps that can help flag a problem hire:
* Carefully checkphoto identification.
* Verify Social Security numbers through the Social Security Administration’s free service to employers at (800) 772-6270.
* Ask about gaps in job history that might reveal prison terms.
* Check references.
* Question educational records.
