applied for CNA job...and now a credit check? - page 4
Hi, I am about to finish my 2nd semester of the ADN program here in Texas. I have applied for a summer CNA position. The lady just called me and asked if I was still interested in the... Read More
Jul 2, '11I think there is a direct connection between how you handle money and moral character. The trait of instant gratification is a character flaw related to the society we are raised in. My opinion.
Jul 4, '11I have never had a credit check done to get a CNA job, and I'm glad of that. My credit is not very good...and it is NOT a reflection of my character.
I've never had a credit card, however, I have a ton of student loans. Those went into default for a bit after college because I was unable to find a job for well over a year. I also pay my bills on time most of the time, but yes, occasionally one is late. I support myself on $8.50 an hour, it happens. And it has nothing to do with my character or morals.
Jul 5, '11why a credit check?
legal issues involved with negligent hiring--payout often $1million.
negligence in employment - wikipedia, the free encyclopedia
negligent hiring may be found where the employee (the tortfeasor) had a reputation or record that showed his propensity to misuse the kind of authority given by the employer, and this record would have been easily discoverable by the employer, had the employer exercised 'due diligence'. for example, a victim of [color=#0645ad]sexual harassment in the workplace may have a cause of action for negligent hiring on the part of her employer if she can show that the employer was aware of the harasser's termination from a previous position for the same behaviour.
negligent hiring preventive measures
in the sexual harassment example described above, the employer may be held liable for negligent hiring if the harasser had a previous history of harassment. this is because an employer has an obligation to its employees and others who will come in contact with them to provide and safe and productive working environment.
one preventive measure for negligent hiring is to perform a reasonable investigation on potential employees. this may include conducting interviews, verifying work and educational histories, checking references and conducting a [color=#0645ad]background check on all applicants who have accepted an offer of conditional hire, and if an adverse assessment is found, to deny employment to such an applicant.
note that simply conducting a criminal background check on an applicant may not be a sufficient investigation. in [color=#0645ad]minnesota, for example, such a check was determined to be insufficient by the court in ponticas v. k.m.s. investments, 331 n.w.2d 907 ([color=#0645ad]minn. 1983). this will not guarantee the employer will not be held liable, but it will show that the employer used a diligent search to screen potential harassers from the workplace, and will assist the employer in demonstrating that it took reasonable care in hiring. it is important to also note that, in the [color=#0645ad]united states, background checks for job applicants are subject to the [color=#0645ad]fair credit reporting act (2003)[color=#0645ad]. if an adverse assessment is found in an employment screen, the applicant has the right to dispute the report.
negligent retention, supervision, and training
negligent retention occurs where a party failed to remove an employee from a position of authority or responsibility after it became apparent that the employee was in fact misusing that authority or responsibility in a way that posed a danger to others.
negligent supervision is closely related, as it occurs where a party fails to reasonably monitor or control the actions of an employee. a variation of negligent retention or supervision is negligent training, which arises where the employer's training of the employee fails to prevent the employee from engaging in the acts that injure the claimant, or fails to remediate a pattern of behaviour which leads to an injury. suits for negligent retention often plead negligent supervision or training as an alternate theory, as the employer who knows of an employee's improper conduct should either terminate that employee, or take steps to penalise that conduct and/or train the employee not to engage in that conduct.
the right employment application to avoid negligent hiring lawsuits
the most common reasons companies are sued today is for ‘negligently hiring’ an employee when it can be proven that the manager either knew (or failed to take the necessary steps to inform themselves) that the candidate in question was unfit, dangerous, dishonest, or unsafe to perform the duties of their job. for example, if a school district hires an individual with a history of child abuse or sexual misconduct, they are liable for that employee even in the event that they were unaware. in court, ignorance doesn’t hold up as a defense, and the best way to get informed is by asking the right questions on the job application.
the questions asked on an application itself (or even in an interview) must be worded in a way to attempt to uncover underlying behaviors and other red flags that give the employer the full picture. michael rosen, a hiring expert, suggests that employers do the following for employment applications:
-specifically ask if the applicant has been convicted, or has pending charges (unless regulated by a state/city rule)
-use the broadest legal language about both felonies and misdemeanors. don't leave out misdemeanors. misdemeanors sound like petty crimes, but some serious crimes are misdemeanors, for example, some forms of assault or stalking
-mention on the application form that a criminal conviction does not automatically eliminate a candidate from consideration
with that in mind, the question is, what information should employers use to disqualify an applicant from the hiring process? that’s where the equal employment opportunity commission (eeoc) comes in. according to the rules they’ve set forth, the simple fact that an applicant has a criminal conviction alone is not enough for an automatic disqualification—it must be proved that the nature and gravity of the offense will significantly deter them from performing the duties of their job or put others in danger. for example, a financial conviction like tax fraud is not grounds to deny employment for a position like a car mechanic.
suits against health care employers
Jul 5, '11I think there are those that say they check some things merely as a scare tactic and then do not. I mean... come on... CNA is NOT a high paying job. Sometimes the consent to credit check is just a blanket thing they give as part of an application packet they give to everyone from the janitor to the director of nursing. Yeah.. they are going to check a DON candidate but probably not a CNA. It is all the same packet by HR.
As low as CNA pay is in some states, you probably can not help either a utility, landlord, or some other bill collector chasing after you from time to time. Some folks in CNA I know are making poverty wages and some qualify for food stamps!