BACKGROUND CHECKS: WHY WAIT UNTIL YOU HAVE A LAWSUIT?

Time and time again we hear in the news about how employers only react after something bad happens when it involves background checks or the lack thereof. Why do employers wait until one of their hires commits a crime under their employment only to find out that a prior conviction may have prevented them from being hired in the first place. I recently came across an article online about a sexual assault lawsuit: Lawsuit Alleges Cheap Background Checks Led to Sexual Molestation Of Minor, Announces R. Rex Parris Law Firm. So let’s look at how employers can avoid lawsuits with background checks.

The reason it is so intriguing is the author addresses that having a substandard background check process can have so many negative impacts. In this particular case, the defendants: Amateur Softball Association of America, Inc., USA Softball and ASA of Southern California cleared Jose Lopez to coach in their youth softball league. Lopez had prior criminal convictions including: armed robbery (September 26, 1997), contributing to the delinquency of a minor (July 14, 1996), driving under the influence (December 23, 2011), illegal possession of stolen things (July 14, 1996) and reckless driving (December 23, 2011). Lopez’s current probation officer noted some of these convictions, “reveal a possible pattern of behavior relating to inappropriate behaviors towards juveniles.”

The article points out that the defendants performed a background check on Lopez using the wrong name; they failed to search by his driver’s license number (which was provided) nor obtained Lopez’s Social Security Number to verify identity. Evidence also points out that the defendants only used a portion of the amount charged for the background check performed. Lopez having passed this background check, was hired to coach youth softball for the defendants. The sexual abuse between Lopez and a youth player occurred between January 2012 and August 2012.

This cautionary tale should resonate with employers as well as parents who entrust in organizations for the safety of their children. Employers must make sure they are using a credible background check company. Short cuts will eventually catch up and cost you in legal ramifications, not to mention the emotional and physical damages to victims. If the defendants had used One Source The Background Check Company for their background screening needs, we would’ve recommended our all-in-one TotalCheck package for each candidate.

A TotalCheck report from One Source would include Applicant Verification, County Criminal History, Multi-Court Jurisdictional Database, Nationwide Sex Offender Registry, Global Watch, Federal Criminal. This bundled package provides one of the most comprehensive searches available for the industry!

The following quote from Jason Fowler, attorney for the plaintiffs, reiterates the necessity for performing comprehensive background checks as a preemptive action rather than a reactive measure:

“If a complete and proper background check had been done, we believe Jose Lopez would not have passed that and he would not have had the chance to prey on children.”