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How does Human Resource supervisor function in an organization

Use the material: Personally Yours: A Case Study Trilogy. Locate the case Study 2, The Negligent Hiring/Retention Case. Select either the role of Gary, Alyssa or Violet. Respond to both Parts 1&2
Case Study
This case study is about an expanding personal assistant firm that has branch offices in Central Florida and Miami. Each branch employs a total of 16 workers including the branch managers. The company’s operation is very lean; a small amount of administrative staff and outsourcing its payroll and legal work. Sarah Winters is the owner but has Alyssa Williams who is the human resource manager in Tampa Florida branch does most of the human resource strategic functions. Violet Jennings is the Tampa East branch manager and is a childhood friend of Sarah Winters. Her long-standing relationship with the owner allows her to make decisions on policies. Finally, there is Gary Garcia who is the HR supervisor at the Tampa Florida branch and has Alyssa Williams as his immediate supervisor.
Gary has recently attended a local SHRM chapter meeting and has learned some new ideas on how the organization could improve their human resource operations. Although the standard employment process is currently in place, it was absent when the company first started with many current employees not having a background check. Gary Garcia is worried as their employees work in client’s homes and have contact with vulnerable individuals.
Select either the role of Gary, Alyssa or Violet and respond to both Parts 1&2
Part 1
You and the HR manger, along with suggestions from the branch manager must determine if background checks on all employees are necessary. If so, develop a protocol to conduct them.
I am assuming the role of Gary who is the HR supervisor at the Tampa Florida branch.
As a HR supervisor he needs to conduct background checks for all employees. Sara Korolevich (2018) in the article, “The Complete Guide to Background Checks” states that background checks is a process a person or company uses to make sure that a person is who they proport to be. Background checks also allows someone to check a person’s criminal record, education, employment history, and other activities that happened in the past to confirm their accuracy. The article identified a number of background checks that include but are not limited to the following; employment, criminal, universal, OIG and E verify background checks.
An employment background check is conducted to avoid having someone in the workplace who may be a threat to safe working conditions, a safe environment and becoming a liability for the employer. Employment checks can take place at the onset of starting a job or it can be a recurring process to keep the work environment safe.
Katherine Paljug (2018) in the article “Do and Don’ts for Employee Background Checks” gave some protocols for doing background checks. They are as follows:
·       Follow the rules and procedures as outlined in the United States Equal Employment Opportunity Commission (EEOC)
·       Employer must notify the employee in writing that a background check will be conducted and that it may affect their eligibility for employment
·       If background checks are a condition of continued employment the employer must have it stated clearly in their policies
·       Personal interviews conducted to learn about employee’s reputation, lifestyle or character require that the employee be notified about their rights, the nature and extent of the interviews.
Part 2
Branch Manager Violet Jennings has found out that one of her longtime employees, Jackson Tibbits, a handyman, is on the Florida Sexual Offender list. There are restrictions to his offense such as registering as a sex offender, not being able to live within 1,000 yards of a school, having to register with the state when he relocates, and he cannot be a teacher or a health care professional. Williams, Jennings and I (Gary Garcia) must decide whether to terminate Tibbits based on the newly discovered information.
The issue in this case is to figure out if the employers have provided a safe workplace for employees. If they failed to do they are responsible for not considering the employee’s criminal history as it is relevant to the suitability of employment. This could translate into negligent hiring and negligent retention. Negligent hiring is when the hiring of people who are known by the employer or should have been known were unfit for hiring. Negligent retention is when existing employees who the employer learns are unfit for work, continue employment (Urban, J. 2007).
As the human resource supervisor my job is to conduct the proper pre-hire process with all employees such as:  interview prospective employees to find out if they have prior convictions and thoroughly check references (Urban, J. 2007). In this case Mr. Tibbits is a registered sex offender so I need to do the following:
·       Assess the environment in which Mr. Tibbits work relative to the amount and type of exposure to employees and customers
·       Inform the employee about the discovery according to Megan’s Law registry
·       Explain to the employee that the matter is being reviewed and a decision will be made when it is completed.
·       Consult with legal counsel to find out the legal obligations and limitations that are relevant.
·       Take into consideration the facts of the employee’s conviction by reviewing other criminal records, the Fair Credit Reporting Act and labor union if the employee is a member.
Once all the facts have been gathered, the appropriate steps must be taken. In this case, Mr. Tibbit committed this offense at age 24 and has been working for the firm for a long time. The case has not stated that he has committed any other offense since that time. However, because of the nature of his job and the type of firm, it is prudent to dismiss Mr. Tibbit to avoid legal action by exposing workers and customers to potential danger.
Conclusion
Employers have the responsibility to provide a safe working space and environment for their employees. It is therefore very important that human resource personnel perform due diligence in hiring prospective employees. There are laws that protect employees from discrimination and unfair practices while at the same time holding employers responsible for not following the law in their employment practices.





References
Korolevich, S. (2018, May 10). The Complete Guide to Background Checks. Retrieved from https://www.goodhire.com/blog/complete-guide-to-background-checks

Paljug, K. (2018, June 12). Dos and Don'ts for Employee Background Checks. Retrieved from https://www.businessnewsdaily.com/1335-employee-hiring-background-checks-legal.html

Urban, J. (2007, March 21). When an Employee is Listed as a Sex Offender. Retrieved from https://www.workforce.com/2007/03/21/when-an-employee-is-listed-as-a-sex-offender/




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