Celebrating Nurses’ Monumental Impact
There is a myriad of ways to participate in National Nurses Week, which is celebrated May 6-12, from honoring your staff RNs with a gift or event to taking steps to let...
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By: Brian Lapps
Published: 10/10/2007
No administrator or manager wants to read a headline like "Medical Worker Assaults Patient." "Convicted Sex Offender Molests Patient" is even worse and could be the death knell of a surgery center. The best way to protect your facility sounds simple enough: Don't hire employees who have engaged in this type of behavior in the past. It's true that nothing you do will absolutely guarantee that everyone you hire will be a model citizen, but you're legally responsible for these decisions, and careful selection and screening will make it more likely that you'll weed out undesirable employees (see "You're Responsible: Understanding Negligent Hiring").
Common sense and diligence are hallmarks of good hiring in general and protecting against negligent hiring claims in particular. Here are eight things you can do to protect yourself against negligent hiring lawsuits.
Convicted sex offenders are required by most states to register in their state of residence and to keep a photo and current address on file. States typically publish these registries online. Checking to make sure that a potential (or current) employee isn't listed on such a registry can be proof that you behaved carefully. Conversely, the failure to use such a readily accessible tool could be used against you if a problem arises involving an employee who happens to be listed on such a registry.
You might assume that you're free to not hire (or to fire) a person who's listed on a sex offender registry. In most states, that's a correct assumption, because most states let you fire or not hire a person for any reason, as long as the decision is not based upon race, sex, age, disability or another protected characteristic. Some states, notably California, restrict the use of sex offender registries for employment purposes, however. Even states (such as Nevada) that are typically less protective of employee rights than California have enacted laws that limit the use of these registries in the employment context.
It's imperative, then, that you be aware of all state laws before making a decision based on information you find online. This is especially true if your company has operations in more than one state or if your facility is a multi-state employer (as those in the D.C. area, for example, often are).
Thoroughness pays
Employees are one of your most valuable assets. Sloppy hiring practices can lead not only to taking on poor workers who impede workflow or drag down others, but in extreme circumstances can lead to expensive lawsuits and judgments. By paying attention on the front end, you can hire the productive, professional employees you desire and also avoid the potential for expensive litigation as a result of negligent hiring.
You're Responsible: Understanding Negligent Hiring |
If someone you hire injures a patient in some way - for example, if a nurse assaults or harasses a patient - you can be held liable for negligent hiring if you didn't use due care in selecting and screening employees. That is, you may be partly responsible for what happened because you failed to use good hiring and screening practices.
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