Employer's At Risk For Negligent Hiring

Herald Business Journal
August 1999 Issue
by Debra L. Malmos, President
iFULL Enterprises, Inc.

In recent years, there has been a significant increase in the incidents of violence in the workplace. A Washington State Labor Council (WSLC) 1999 Legislative Report states, "The cost to society is enormous. And the human toll on families of the victims is immeasurable." Hiring policies and procedures have come under greater scrutiny and employers are bearing a profound share of that cost. Financial liability as well as workers' compensation benefits can accrue if an employer is held liable for the violent acts of a worker.

Positions that represent higher risk include those that involve care to vulnerable persons such as children or aging adults, or that depend on professional expertise (i.e., educational credentials and licenses). A Massachusetts jury awarded the family of a murder victim $26.5 million in a negligent hiring case-- the largest ever awarded-- after the victim, a thirty-two-year-old man suffering from cerebral palsy was stabbed repeatedly and robbed by the healthcare provider hired to care for him. Workplace homicides grab headlines, but non-fatal workplace violence is even more prevalent. In Carlsen v. Wackenhut (1994), the victim of an attempted rape at a Bon Jovi rock concert sued a security firm for negligently hiring the guard who perpetuated the crime. The Court suggested that, had the employer investigated, prior convictions would have indicated the guard was "unfit" for the position.

Washington is among a growing number of jurisdictions that conclude that an employer has a duty to exercise reasonable care in hiring, training and supervising individuals, who, because of their employment, may pose a threat to the public or to their co-workers. Such a duty gives rise to claims of negligent retention and negligent supervision. It is only recently that human beings have been viewed as a "recognized hazard" causing serious injury or death of a co-worker. The Washington Industrial Safety and Health Act (WISHA), 1973, established a workplace standard-and-enforcement program on a state level, which in some cases is more stringent than OSHA requirements. WISHA compliance is a serious consideration when faced with a violent employee. More guidelines and regulations designed to minimize workplace violence are expected in the coming years from both OSHA and WISHA.

The good news… In spite of the challenges, informed employers can significantly reduce their risk through preventive procedures. Employers can provide a safe workplace and reduce their potential liability by implementing good security practices and adequate pre-employment screening. "Pre-employment screening is the single most effective tool available to manage the potential liability," says Steve Forister of FactsFinder.com (www.factsfinder.com), an Edmonds, WA background verification service."

Mr. Forister says, "As well as providing a safer workplace, employee screening can result in additional benefits to employers such as a better work force, less turnover and reduced incidents of internal theft when positions give an employee access to cash or other valuable assets."

More good news… The process of background verification has been significantly advanced through the use of Internet technology. "Background checking software can now be used to access worldwide databases online, delivering results in 1-3 days that may once have taken weeks to access," says Mr. Forister. "There's no reason, with this information so easily accessible-- and affordable-- to be uninformed about the people we hire."

~END

UPDATE: Pastor Arrested for Alleged Child Rape

June 3, 1999

TACOMA - The youth pastor at a major Tacoma church is asking for forgiveness for raping and molesting up to 17 teenagers, many of them members of the church. Herman Glenn, Jr. faces eight counts of child rape and molestation involving two boys, 17 and 14. Church elders at the 4,000-member Bethel Christian Assembly Church in Tacoma turned Glenn in to police. One elder became suspicious and confronted Glenn. That’s when the elder says Glenn confessed molesting and raping 17 boys. Glenn has been a youth pastor at the church for eight years.

Investigators tell KOMO 4 News Glenn tricked the boys into having sex with him using a bizarre game. Detectives say Glenn would tell the boys he had an evil altar ego and the only way to fight it was to have sex with them. The church also had some warning that Glenn had a problem. His church in Chicago called Bethel Christian Assembly and informed the church that two boys had accused Glenn of fondling them.

Prosecutors did not press charges because of a lack of evidence. Glenn received counseling. Glenn has been a youth pastor at the church for the past eight years. He's now in the Pierce County jail. Glenn has written an open letter to the victims saying, "I am writing this letter to ask for your forgiveness". He also wrote a similar letter to the members of the congregation.

(Source- KOMO4 News, Seattle 6/3/99)

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