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An Employment Agency is Sued for Not Running Background Checks

November 28, 2017

A lawsuit claims that a Wisconsin-based agency sent several non-screened temp workers to a local business. Reportedly, one had a significant criminal history.

The Temporary Workers

Diamond Assets, a technology systems supplier in Wisconsin, hired the Express Employment Professionals agency to find temporary workers for their busy season. The agency approved one dozen individuals. They were hired to work in the Information Technology department and provide support for various businesses, schools and government offices.

Allegedly, one of these people showed up for work wearing a monitoring bracelet and left early to report to jail. While the individual was still on the job, another worker had money stolen from their wallet. Based on footage from a security camera located in the company break room, a representative from Diamond Assets believes this money was stolen by the person with the bracelet.

Background Checks Should Have Been Conducted

After this incident, Diamond Assets filed a lawsuit against the employment agency. The suit claims that the agency agreed to conduct criminal background checks but did not follow through. Diamond Assets states that they have a staffing contract and a variety of emails in which the agency confirmed they would handle screenings for all temporary employees.

A representative from Diamond Assets said they were initially told that the agency ran background checks and they came back clear. It was later revealed that no screenings were conducted for the twelve temporary staffers.

Diamond Assets Researches the Worker

A newspaper in Wisconsin covered this story. Their article said that one official from Diamond Assets checked online for information about the person who allegedly stole money from a co-worker. With just a small amount of research, the article revealed, numerous criminal court cases were discovered for that individual.

Once this information came to light, Diamond Assets filed their lawsuit against the employment agency for $30,000 plus staffing costs. The defendant has not yet responded.

Background checks are said to be an essential part of Diamond Assets' hiring policies. Had a report been run, they could have seen whether or not the workers had relevant convictions and used that information to make informed decisions. In this scenario it would have been legal to deny employment to the person who had a reportable criminal history.

The Importance of Background Checks

A criminal background check could have saved time and money for everyone involved in this case. Diamond Assets paid an agency to find workers and then spent time training those individuals. When company representatives learned the workers had not been screened, they cancelled their contract with the agency. This caused the other eleven workers to lose their jobs and anticipated income. The agency might not be required to pay a large sum of money based on the outcome of the lawsuit.

When hiring directly or working with an agency, it is crucial to ensure background checks are conducted properly. This involves verifying relevant information such as credentials, employment and education; checking for reportable criminal records; and following federal, state and local laws that cover the hiring and screening process.

If you need assistance with screening current or potential employees, please contact us today. Our team is highly experienced at running compliant background checks that can be used to make important business decisions. Rely on us to deliver reports that protect your business, employees and brand.

#ImproperScreening #BackgroundChecks #CriminalRecords

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