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personnel in customers' homes
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I was recently told by an HR consulting firm during their pitch that there were issues we needed to be concerned about considering we had numerous technicians working in customers' homes. We did not e
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personnel in customers' homes
posted at 7/9/2009 2:42 PM EDT
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Posts: 94
First: 2/7/2008 Last: 3/21/2011 |
I was recently told by an HR consulting firm during their pitch that there were issues we needed to be concerned about considering we had numerous technicians working in customers' homes. We did not end up using them so I never got to find out what we needed to be aware of. We are based in CA with facilities in 3 other states and I have not been able to locate any laws specifically addressing this.
We have never done background checks or drug testing. However, I would like to propose background checks for new hires. Other than liability for damage caused by our employees, can anyone offer any ideas about what we could be held liable for or to what issues the HR firm alluded? This would be helpful to include in my proposal. (I got the impression the issues were around molestation claims.) And if we decide to do background checks, I would assume they cannot be done on existing employees but only new hires. I would think drug testing could be done as long as all the in-home techs get them. Any input? |
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personnel in customers' homes
posted at 7/9/2009 3:08 PM EDT
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Posts: 1103
First: 3/16/2007 Last: 8/19/2011 |
I can see a potential issue with negligence and negligent hiring on your companies part simply because you don't do background checks. Am I aware of any law that requires that? No, but your risk carrier may well be concerned adding an expense that you don't need. there also remains the concern should any of your employees commit a crime while in a customers home. Your company failure to do a reasonable due diligence in ensuring that your employees were trustworthy would not bode well for you. |
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personnel in customers' homes
posted at 7/9/2009 4:34 PM EDT
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Posts: 79
First: 3/19/2008 Last: 10/15/2009 |
I agree with HRpro. There was a case some years ago where a carpet cleaning company lost a suit when one of their employees with a (scary) criminal record did something to the customer. They company had not done any background check.
Look into bonding each employee, that might be cost effective. |
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personnel in customers' homes
posted at 7/9/2009 6:17 PM EDT
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Posts: 2146
First: 2/15/2006 Last: 9/14/2011 |
I agree with reasonable due diligence. Just imagine what kind of case/lawsuit could show up if you hire someone with a long list of felonies who then goes on to commit one on your time at your customer's residence where you sent them? I bet your customers expect it. (and even with due diligence you can still have issues, but they could be less and might be forestalled altogether with just a bit of upfront work).
I would talk to your insurance broker to see what due diligence they want you to do in your situation. I would say at least background checks and possibly bonding. |
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personnel in customers' homes
posted at 7/10/2009 4:31 AM EDT
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Posts: 1783
First: 11/11/2003 Last: 5/13/2010 |
In addition to the liability that WILL result if one of your staff were to commit a crime in a customer's home, the bad public relations over the company's negligence would do significant harm to your business, enough so that it could fold. |
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personnel in customers' homes
posted at 7/10/2009 7:55 AM EDT
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Posts: 464
First: 6/30/2004 Last: 11/22/2010 |
I agree that the biggest exposure has to do with liability for anything that happens to the customer or his/her possessions during and after the visit to their home by your employees.
Not only property damage, but physical damage and identity theft are a few that come to mind. I think there is a higher WC rate applied to this sort of employee. The reverse might be true for your employee. Visiting homes might put the EE in a higher risk category. We used to do some family counseling in the home for victims of criminal acts (VOCA). In some cases, the criminal was a family member and the visits could get way out of hand. We discontinued the program after the grant ran it's course, but we paid throught the nose for an insurance policy add-on and were required to do some self-defense training and the like (which was a complete waste of time, but lowered the premiums). In any event, you are going into an uncontrolled environment with employees visiting customers and you know next to nothing about either the employee or the customer. Do what you can to gather information about your employee, you can at least mitigate for known background issues. |
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personnel in customers' homes
posted at 7/10/2009 8:55 AM EDT
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Posts: 410
First: 1/26/2006 Last: 11/15/2010 |
Hi:
Civil liability with respect to negligent hiring and negligent retention are the issues that are raised by this situation. I would never send an employee into a client's home without at the very least having documentation of no criminal convictions with respect to violence or theft. I trust this information is helpful. Dave Arnold, Ph.D., J.D. |
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personnel in customers' homes
posted at 7/13/2009 2:47 PM EDT
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Posts: 94
First: 2/7/2008 Last: 3/21/2011 |
Thank you for all of your input. Many of the employees have been with us for some time and before I was hired. We do have a new employee starting soon so I will strongly suggest we get a background check. What about the other techs. Is it too late to do one on them? |
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personnel in customers' homes
posted at 7/13/2009 6:45 PM EDT
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Posts: 2146
First: 2/15/2006 Last: 9/14/2011 |
You would need to get their authorization to do so. And I am not sure how to balance the morale vs the need to know. Nor how to proceed if you actually find an issue. Couldnt' the employee legitimately argue that you have allowed them to do this work for x years?
I would seek legal counsels advice on the previously hired employees (maybe Dave will stop in again on this issue). That is a sticky area, but I would definitely and immediately start on new hires. Realizing that if you BG check one, you should do them all from here on out. |
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personnel in customers' homes
posted at 7/14/2009 3:46 AM EDT
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Posts: 410
First: 1/26/2006 Last: 11/15/2010 |
Hi:
There are certainly collateral issues and sensitivities, however, I still would be strongly inclined to let no one (long-term or onboarding employee) in someone's house without a clean bill of criminal background check health. Without such information, a harmed customer certainly will have evidence that the employer did not exercise due diligence in the hiring and/or retention processes. I trust this information is helpful. Dave Arnold, Ph.D., J.D. |
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