Security_Organization

The Security Organization Phase II Discussion Board By: Kristal Smith Professor: Blair Ettinger August 24, 2010 Good Afternoon ladies and Gentlemen my name is Kristal Smith I am the president of Ajax Security Management Company. Claims of negligent hiring are a serious legal issue that could possibly arise at our company. I would like to discuss what negligent hiring is and what actions can be taken to prevent our recruitment and selection process from a negligent hiring claim as well as some examples of a negligent hiring claim. Negligent hiring is a claim made be an injured person against an employer. This claim would be based upon the employer having the knowledge that the employee’s background indicates a dangerous or untrustworthy character. (Johnson 2005) The employee shall also take reasonable care in hiring the worker, examining their complete background, drug testing, as well as checking references from previous employers. To become a security guard here in Colorado Springs CO all employees must complete all of the training issued, no license required but in order to carry a handgun you will need a license for carrying a concealed weapon. Before any employee is hired at the Ajax security management company they must agree to the terms and conditions of a complete background check. A background check will bring to life any and all arrests and court cases. Failure to complete a thorough background check can lead to liability and legal issues. At our company we also have security guards that roam the area in patrol cars. Before any employee is able to become a driver a complete driving history is reviewed to determine if he/she is component in driving and we would be able to trust them in one of our vehicles. The management would be held responsible if a person got hurt due to the lack of knowledge of another employee. A thorough background check would determine if a person was ever arrested and/or convicted of a crime. Every single person is not going to tell you the whole truth about their background especially if they are trying to hide something. If you were to just believe everything that is on their application without completing any investigations, the employer would be held responsible. Negligent hiring claims can reflect badly on our company and reputation which would deter future employees from wanting to work for our company. Five conditions must be present for an employer to be held liable for negligent hiring 1) The employee, acting under the auspices of employment must have caused some type of injury 2) The employee must be shown to be unfit 3) The employer should have known about the unfitness 4) The injury must be shown to be a foreseeable consequence of hiring the unfit employee 5) The hiring of the unfit employee must be shown to be the proximate cause of the injury. (Ryan and Lasek 1991) A bus company hired an employee to drive the city bus. The company did not do a complete background check to see what his driving record looked like. After almost a full year of employment the bus driver wrecks and ends up killing 5 people and injuring 3. The bus driver had many infractions on his driving record for careless driving, speeding, and one count of DUI. The bus company would be responsible for negligent hiring because they could have seen what kind of record this man had before putting him behind the wheel of a bus. Performing a drug test before and during the duration of the employee’s employment and the knowledge of their background of what drugs the person may have tried or been addicted to can determine a person’s character. If an employee has been in and out of drug rehabilitation programs I would have the employee sign a contract that allows and permits regular drug screening to ensure a safe and drug-free workplace. There is a zero tolerance for drugs in our workplace and no warning will be given for a failed drug test only dismissal. In Colorado Springs CO, Governor Bill Ritter signed in to Law HB 1023. This law helps reduce the risks of a negligent hiring claim made by a convicted felon. If the convicted felon was convicted of an assault but is during his duration at this organization he/she is caught stealing from a customer. The prior arrest for assault cannot be a part of the case as evidence of negligent hiring. This would give the employer more confidence in hiring a convicted felon. Many companies frown upon employing anyone who has a felony criminal record because of all the legal issues and liability that would follow an innocent occurring at their job of employment. References: Tobi Hazard June 17, 2010 Labor & Employment Bills Before 2010 Colorado Legislature, Colorado Employment Law Blog retrieved from http://www.coloradoemploymentlawblog.com/colorado_employment_law_b/2010/06/labor-employment-bills-before-2010-colorado-legislature.html Principle of Security Management Brian R Johnson 2005 Chapter 5 Recruitment and selection, Retrieved from https://campus.ctuonline.edu/controls/eBookFileServer Commonsense Actions Can Limit Negligent Hiring Claims, Retrieved from http://www.ppspublishers.com/articles/commonsense.htm