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Example of Negligent Hiring/Retention

Abstract
Sarah Winters started the firm “Personally Yours” in the year 1997 with her family and friends. Now that the firm has grown in size, it has 15 branches. Each branch has one manager and 15 full and part time employees and the headquarter has 250 employees. Sarah, had outsourced the accounts, legal, payroll to outside to keep the operation lean.
I am selecting role of Gary Garcia, who is the HR supervisor in the organization. Gary is working in the organization for 9 years now. The first challenge the organization has is background check for the long time employees who never went through any background check.
And secondly, Jackson Tibbits, a long time handyman, is on Florida sexual offender list and the law imposes restrictions on Tibbits. We need to decide if the organization needs to terminate Tibbits.








Part 1 - Running a background check on existing employees should not be a big problem. But, I need to meet with HR manager and all the branch managers to find out the practical challenges we might face and how to overcome those.
I believe we will have discuss if the background check on the long time employees would impact the employee morale negatively. How to conduct the check, should it be rolled out all at once or in phases. What kind of checks we want to do and finally, if the background check returns any negative news, how we are going to handle those.
First of all, since the organization supply resources who work directly client, so all employees would have to undergo a background check, whoever did not have any check done ever before. We can keep it to minimum performing criminal background check and medical checkup, just to make sure that our employees are medically fit for the jobs they are assigned to and they do not have any criminal history and they are safe to work with(eeoc.gov, n.d.). Any other check is not mandatory or critical, since these are long term employees, we already know if they are good at what they do.
If any of the background check comes back negative, we can decide if we can reuse the employee somewhere else, where the employee would not be in any legal trouble or the organization would not get into trouble for sending the employee over. Be it medical or criminal check, we will first check if we can retrain the employee without terminating employment, as a long term employee he or she has some knowledge we can leverage. Such as that employee can train the new joiners or if he or she can perform some administrative work.


Part 2 - I see some challenges with Jackson Tibbits. At one hand the incident took place 17 years ago when he was 24. As we dug into his case we found these information. That his employment opportunities are limited. While we are giving him an opportunity to turn his life around, but there is a chance that our clients do not like that fact. As being a handyman he needs to visit houses.
I would like to understand from the manager Jennings , what she thinks about Jackson, if we got any complaint against him regarding his work or behavior or otherwise. Then I will ask HR manager Williams about the laws and any other factor that we should consider in case we want to terminate.
Based on the feedback I receive from these two, I will form my opinion. If Jackson has complaints against him for his quality of work or behavior, then I might consider terminating, considering that it is not worth taking the risk for him. But, considering the fact that he is a long term employee, chances are low that we got any complaint against him. So, we can decide to talk to Jackson, why he did not disclose the information about his criminal history. Most probably he would say, nobody ever asked him. In that context, the organization needs to find out if we can retain him and use him where legally permitted so that we as organization do not violet any laws in Florida and Jackson does not either, or any of our customer do not feel unsafe around him. Unfortunately, Jackson won’t get the record removed, as it is not 25 years yet. In Florida after 25 years of committing the crime, one may petition the court for removal but with very strict limitations (psffirm.com, n.d.).


References –
Retrieved on 3/3/2019. Retrieved from https://www.eeoc.gov/eeoc/publications/background_checks_employees.cfm
Retrieved on 3/3/2019. Retrieved from https://www.psffirm.com/sex-offender-laws-florida/


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