Elder Care Facility Fails To Screen Employees For Criminal History


Off The Clock Work ExpertThis case involves the alleged negligent hiring and supervision of an employee at a senior care facility. The employee was a 45-year-old male who worked one-on-one with an 88-year-old female patient for 3+ years.  Through his time spent with the elderly woman, the employee became aware that the woman was wealthy, as she was the recipient of a large trust. The employee subsequently entered into a romantic relationship with the elderly woman and began to influence the woman’s financial decisions. The employee eventually married the woman and became a beneficiary of the woman’s trust. It was alleged that the defendant engaged in an intentional scheme to defraud and embezzle from the elderly woman. The woman was unaware of the fraud until the employee was eventually fired from the senior care facility. It was later discovered that the employee had a history of tax evasion and harassment charges.  It was alleged that the health center was negligent in that it failed to adequately investigate and screen the employee’s background and qualification before hiring him and allowing him access to a vulnerable population.

Question(s) For Expert Witness

  • 1. Please describe your background as it relates to this case.
  • 2. What is the screening process involved when hiring a new employee who will be in contact with vulnerable patients?

Expert Witness Response E-007647

I can help you with best practices and what I would recommend for an employer who hires these people in their organization regarding the depth of the background and reference checks I would recommend. I believe it is also important to find out what their past practices have been within their organization regarding hiring process to see what may have changed for this position (both for the hiring and supervision process). I would also want to know what other like organizations past practices are in the state (and other states) and what is not being done in their organization that their peer organizations clearly see as important.

This expert has over 20 years of experience in the marketing and recruiting services industry. She worked for the County of Orange, California, as an internal Human Resources Consultant, providing countywide communications, human resources, executive search, and recruiter training services to the Chief Executive Office and 24 decentralized departments with 17,000 employees. She was a member of committees that implemented innovative employee training initiatives and new selection rules. Currently, this expert is the President of a human resources consulting firm. She has a thorough understanding of the Civil Service Rules and selection criteria and specializes in recruiting for executive, management, and hard-to-fill positions.

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