4 Misdemeanors for Battery on Background Check

Kymm

Hello.... just hoping for input from those of you in California especially (again...we are a "rare breed") :-)
We ran a background check on an employee we have offered a job to - the criminal background check has come back with convictions on 4 charges of battery (all misdemeanors)within the last 3 yrs. I am used to dealing with "felonies", but I am feeling very uncomfortable with these... my question is - In CA, are there any problems with us denying him employment based on misdemeanor convictions? (He will be a driver for us - tankers, haz waste) Thanks.

Gillian3

If you hire him, please ask him to stay off I-15 south of the Riverside/San Diego County line and State Hwy 76. That would be appreciated greatly. There isn't much to consider other than is the decision not to hire him job related and the decision isn't any different in Ca. than elsewhere. You might want to get a legal opinion if you have questions about job relatedness. I wouldn't want to hire him but I can't speak to how job relatedness plays in your industry.

TN HR

I think it prudent to say that in any job where he will be in contact with other human beings, be it co-workers, customers or the general public then he is a liablity. Clearly, there is a documented pattern of physical violence on his part.

You want job relatedness? Here: He's cruising down the highway driving a tanker and gets pissed-off at another motorist. His anger management skills are absent. He can't punch the person so instead he rams the truck into them.................

Gene

HR in CA

I would not hire based on the fact that these 4 convictions are battery. Anytime we receive background information that states the individual had harmed another person, we do not hire. To date we have not had a problem.

Don D

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If you hire him and the DOT ever audits your files you will be criticized if not cited. If you hire him and he advances his score sheet to a 5th battery, while on duty, you will be sued for negligent hiring.

I agree with Gillian3 but am amazed at his clear in-country logic today.

I agree with TN HR and would like to suggest that if you had this idiot on the road with a hazmat (or any other) load, The Department of Homeland Security would be on your doorstep in a flash. Well, a flash according to government standards.

When I worked in the trucking industry I was familiar with a case where a driver with a similar record was hired and two weeks later he raped and nearly beat to death a motel maid in Florida. One of his priors was assault and several were battery. A negligent hiring suit followed immediately and prevailed.

(edit) I am amazed that none of this turned up when your staff ran his employment background. Surely they spoke with reps at the other companies he drove for. These companies are notoriously generous in the information they share with each other.

HRinFL

I agree with the others. Additionally, if you have a question on your employment applcation asking if the applicant has ever been accused of committing a crime, or a question of ever being convicted of a crime, and he did not answer the question honestly, deny his employment for the reason that he falsified his employment application. Same holds true for the interview, if he did not disclose this information, you can term for dishonesty. I agree that with this knowledge, if you hire and there is a situation later involving this guy, you will face a negligent hiring/negligent retention claim. JMHO