A recent verdict against an employer that failed to properly screen an ex-convict serves as a serious warning: You need to thoroughly check applicant backgrounds before putting someone to work as an employee or independent contractor. We’ll offer tips to help you prevent the problems one company faced.
Carpet Cleaner Murders Client
America’s Best Carpet Care sent Jerrol Glenn Woods to shampoo carpets at the Oakland home of Dr. Kerry Spooner-Dean. Spooner-Dean called Woods back to reclean the carpets, complaining that the original work was shoddy. On Woods’ return, he robbed and fatally stabbed Spooner-Dean. Woods eventually pled guilty to first-degree murder and robbery.
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Suit Blames Employer
Spooner-Dean’s husband sued America’s Best, contending the company was negligent in its hiring practices. He argued that because the firm didn’t perform even a basic background check when Woods applied, it failed to detect that he was on parole following a 12-year prison sentence for bank robbery. America’s Best said it wasn’t liable for two reasons: Woods was an independent contractor rather than an employee and the company had no way of knowing he was dangerous.
But an Alameda County jury found that America’s Best was negligent and ordered the company to pay $11.5 million in damages.The parties later settled for an undisclosed sum.
Red Flags Ignored
Attorney Paul D. Scott, who represented Spooner-Dean’s husband, argued that America’s Best overlooked critical prehire steps and red flags that should have triggered closer scrutiny of Woods’ application. Be sure to follow these important procedures:
- Question employment gaps. Woods’ employment application listed only one previous job: he worked for a summer as a carpet cleaner for Sears, Roebuck & Co. two years before he applied to America’s Best. Such a short work history for a 52-year-old man should have raised questions that could have led America’s Best to discover he had spent time in prison.
- Contact references. America’s Best was apparently unaware that Sears fired Woods allegedly for trying to defraud the company. A simple reference check might have turned this up.
- Watch for red flags. A former America’s Best employee said Woods admitted he had been in prison. The employee told a manager who reportedly said that it didn’t really matter.
- Check Social Security numbers. Although apparently not an issue in this case, if an employee uses a false Social Security number, critical information might not turn up in a background check. Employers can confirm a new hire’s Social Security number through the Social Security Administration’s free verification service. You can check up to five separate numbers at a time by calling (800) 772-6270.
Extreme Care Required
As this case demonstrates, whether you’re hiring employees or independent contractors, you can be liable for negligent hiring if you don’t take reasonable steps to ensure the person isn’t a danger to others. Thoroughly check every applicant’s background, especially if the individual will work away from your facility without supervision. If a vendor performs your background checks, verify the steps the firm takes to assure its investigation is complete.