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Delta-Lawyer
Delta-Lawyer, Attorney
Category: Legal
Satisfied Customers: 3546
Experience:  10 years practicing IP law and general litigation
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I have a potential employee, did a backround check and a few

Customer Question

I have a potential employee, did a backround check and a few issues arose. They appear to be all misdemeanors but want to get your opinion regarding if this is a viable candidate for employment. The employment position would involve being a medical provider for patients of all ages. the job position would also involve travel between offices and patients homes. The issues at hand are as follows:
5/1/06 charge: recklessly endangering another person, case disposition: guilty plea. Charge type: statue
5/1/06 charge: habitual offenders, case disposition: guilty plea. Charge type: statue
5/1/06 charge: accident involving death/injury- not properly licensed, case disposition: guilty plea. Charge type: statute
10/11/06 charge: driving while operate privlidges suspend or revoked, disposition: guilty plea. Charge type: statute
10/11/16 charge: DUI: highest rate of alcohol(BAC .16+) first offense, disposition: guilty plea. charge type: statute
4/20/06 prostitution, case disposition: guilty plea.charge type: statute
3/11/03 driving under influence of alcohol/controlled substance, case disposition: guilty. Charge type statute
11/21/00 charge: violation-protective order, case disposition: guilty. Charge type statute
11/21/00 charge: harassment, case disposition: guilty. Charge type statute
11/21/00 charge:Stalking, case disposition guilty. Charge type statute.
there have been no legal issues since 2006. My question outside of employment is my liability in any future legal matter regarding the company and this individual.would I be at higher risk since I knowingly hired this individual and knowing the legal background.
Thank you
Jon Yanke, owner, Shore Prosthetics and Orthotics; Annapolis Maryland
Submitted: 1 year ago.
Category: Legal
Expert:  Delta-Lawyer replied 1 year ago.

My question outside of employment is my liability in any future legal matter regarding the company and this individual.would I be at higher risk since I knowingly hired this individual and knowing the legal background?

Absolutely! That is a very sketchy past and you put yourself at risk by hiring someone with that as a background, Jon. If this person were to injure or kill one of your clients, or even be involved in a car accident while in the course and scope of employment, the plaintiff attorney that sues will subpoena any and all information you had available at the time of employment, including but not limited to background checks. They will also subpoena the person's background.

Given the severity of that CIC report, the plaintiff attorney will likely try to "pierce the corporate veil" and sue those responsible for the hire individually. I have seen it happen in a very similar case and it was settled for a substantial amount of money prior to trial.

In short, there are other fish in the sea. I would not hire them and would simply let them know that you have chosen to go another direction.

Let me know if you have any other questions or comments.

Best wishes going forward and please rate my answer positively.

Thanks

Expert:  Delta-Lawyer replied 1 year ago.

Did you have any other questions or comments? I just want you to be as comfortable as possible as you move forward. Thanks!

Customer: replied 1 year ago.
Thanks for info.
Expert:  Delta-Lawyer replied 1 year ago.

Thank you. If you don't mind, please rate my answer positively (4 or 5 stars) on the rating function so that I can receive credit for my work.

Best!