EmployeeScreenIQ Blog

Joseph Mannino, a registered nurse who previously served three years in a North Carolina prison on an involuntary manslaughter conviction, was fired from his job at Lehigh Valley Hospital in 2008 for lying about his conviction status on his application for employment.  Time employed before the hospital found out: about three years.

Why did three years go by before his lie was discovered?  I have a better question.  Why didn’t the hospital learn of his conviction when they conducted the background check on him?  Better yet, how was he able to get a nursing license in the state of Pennsylvania?

If you guessed that both his nursing school and employer only conducted statewide criminal checks through the Pennsylvania State Police, you are spot on!

While the PA State Police criminal check may be a good tool to finding records in the state of Pennsylvania (but only as a supplement to a comprehensive countywide criminal search -remember!), it is definitely not a good source for any records maintained beyond its borders.  His school and employer make the argument that he met the two year residency requirement so that is why the statewide search was conducted.  In no way is that a legitimate excuse for not knowing about the conviction!  Convicted felons should not get a pass just because they meet some arbitrary residency requirement.  This is a person who was employed to care for vulnerable people, had access to controlled substances and sensitive personal  information.  The bottom line is that his employer should have been aware of his criminal past prior to making the hiring decision.  Conducting a thorough criminal search in all of the places your applicant has lived and worked (as far back as you can go) is the best way to find out who you are really employing.

Convicted Killer Hired As Nurse

By Bo Koltnow, WFMZ-TV – March 15, 2010

SALISBURY TWP., Pa. — A convicted killer landed a nursing job and years went by before he was outed.  

By all accounts, Joseph Mannino of Palmer Township, Northampton County was a good employee when he worked as a nurse for Lehigh Valley Hospital.

But in 2008, he had his nursing license revoked and was fired for lying on his job application.  

The lie? Not being a convicted felon.  

Lehigh Valley Hospital said it never would have hired Mannino in 2005 if it knew then what it knows now. 

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An audit conducted by New South Wales’ Auditor General has found that fourteen people employed as volunteers for children’s organizations had dangerous criminal pasts that posed a significant risk to children.   According to the Auditor General, the Children’s Commission, the organization that oversees the health and well-being of children in New South Wales, can only stop the employment of volunteers if they are found to have serious child-related offenses in their past.

Now, correct me if I’m wrong, but I would consider many different crimes unrelated to children to be a basis to deny employment to someone looking to work with children. 

1.  Murder

2.  Assault (with or without a weapon)

3. Drug Related Offenses or Use

4.  DUI (if the position requires transporting children)

5.  Sexually related offenses (against adults)

I could go on but I think you catch my drift.  NSW and the Children’s Commission better get on the ball and plug these holes in their background check process before somebody gets hurt.

Background checks leave kids vulnerable

At least 14 people known to pose a significant risk to children were employed to work with young people in New South Wales last financial year, the state’s Auditor-General has found.

ABC News Australia – February 24, 2010

An audit by Peter Achterstraat has found the process used to check people who work with children in NSW does not reliably identify everyone who poses a danger to young people.

The audit has also found that people who have been assessed as being a significant risk to children can be employed to work with them.

Releasing the findings this morning, Mr Achterstraat said there were 14 such cases last financial year.

He said the Children’s Commission could only stop people identified as being dangerous from working with children if they had been convicted of a serious child-related offence.

Mr Achterstraat said it was also not known how many volunteer organisation were running Working With Children safety checks.

“Whether we like it or not, there is a danger that perpetrators of child abuse will deliberately target voluntary associations to get access to children…” he said.

“Parents expect that people working with their children would have been checked. There is a safety net but it has got holes in it and those holes need to be mended quick smart.”

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Last year, the state of New York amended their general business laws to force businesses to consider certain factors in their hiring decisions when their job applicants had criminal conviction records.  (New York State Correction Law Article 23-A, Section 753 “Licensure and Employment of Persons Previously Convicted of One or More Criminal Offenses”.) The law was aimed to help former convicts get jobs.  To comply, businesses that conduct background checks have to follow guidelines set forth in Article 23-A before taking adverse action.  The guidelines focus on the seriousness or severity of crimes, job relatedness of the criminal activity, how old the record was, if the person was a repeat offender, etc.

All has been pretty quiet since the law was enacted . . . until now.  Check out this editorial we found in today’s New York Times.  Clearly, they are prepared to begin enforcement.  If you are interested in learning more about Article 23-A, check out our podcast with Seyfarth Shaw’s, Pam Devata.

Denied A Chance for Honest Employment

Among the leading causes of recidivism are employment policies in the private and public sectors that discriminate against former offenders and too often drive them back to jail. New York State first addressed this problem more than 30 years ago with laws protecting the employment rights of people with criminal convictions. But two investigations by Attorney General Andrew Cuomo suggest that some companies are finding ways around these laws.

Employers in New York can, of course, review an applicant’s history. But they cannot deny an applicant a job on the basis of a conviction without considering whether the offense bears a relationship to the job being sought. New York law also forbids employers from shutting out qualified applicants because of convictions that are sealed or dismissed, minor infractions like speeding tickets or for arrests that do not lead to conviction.

In a recently completed investigation, the attorney general found that ChoicePoint, a nationally known employee screening company, was involved in creating an online job application system for employers that automatically disqualified thousands of applicants who disclosed criminal convictions. Moreover, investigators found that the company had recommended to employers that they disqualify applicants based on sealed or dismissed convictions and legal outcomes that are regarded as violations — not crimes ?? under New York law. One ChoicePoint client violated state law by withdrawing conditional job offers after information that should not have been taken into account turned up in background checks.

In a separate investigation, the attorney general found that RadioShack also had ignored the law by rejecting job applicants whose violations had been sealed, set aside or deemed to be minor. Both companies have agreed to pay financial penalties and to obey the law, without admitting or denying wrongdoing. But the cases raise the disturbing possibility that the practices they engaged in may be more widespread than supposed in a state that has been a national model in giving former prisoners a chance at honest work.

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In what can only be deemed as a blunder of catastrophic proportions, the Charlotte-Mecklenburg Police Department hired a police officer with a history of domestic violence in which a restraining order was issued against him.  Somehow, the background check conducted on this individual missed this record – a record that also prohibited him from owning or carrying a firearm during the time the restraining order was in effect.    This officer now stands accused of sexually assaulting five women while on duty.

With the resources available to them, there is no excuse for the CMPD not to have known about this person’s history.  An editorial that appeared in the Charlotte Observer really hits the mark describing the ramifications of not completing a comprehensive background check on this person:

“If he’s guilty of the charges against him, his hiring brought physical and emotional harm to at least three women and put untold others at risk. It has jeopardized criminal cases Jackson worked on and damaged the hard-earned trust police need from citizens to help keep communities safe.

This is a folly that must not be repeated. CMPD must fix any personnel problems or practices that allowed it to happen, and those responsible for the botched background check must be held accountable.”

Looks like CMPD has some work to do. ..not to mention quite a mess to clean up.

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A civil lawsuit brought about by the parents of Michelle Herndon, a University of Florida student found murdered in her home in November of 2005, alleged that her killer’s former employer was in part responsible for her death.  Her killer, Oliver Travis O’Quinn, was employed by Shands Teaching Hospital and Clinics, Inc. as a surgical nurse at the time of Herndon’s death.  Michelle Herndon died of an overdose of Propofol, Midazolam and Estomidate, anaesthetics available only by prescription that were stolen from the hospital by O’Quinn.  O’Quinn was convicted in 2008 of administering the lethal dose.

A Florida Appellate Court found that Herndon’s death “was a forseeable consequence” because the hospital “fail[ed] to use reasonable care in the hiring and supervision of O’Quinn.”  In its decision, the Court stated that the hospital “knew or should have known of [O'Quinn's criminal history] had it done a competent background check of O’Quinn.”  A background check would have revealed that O’Quinn’s criminal history included theft of controlled substances.

Had the hospital done its due diligence and conducted a comprehensive background check when hiring O’Quinn, perhaps this tragedy could have been avoided. 

Court Decision: HERNDON v. SHANDS TEACHING HOSPITAL AND CLINICS, INC

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We’re a little late to the party on this one, but we just learned that the Equal Employment Opportunity Commission (EEOC) has filed a lawsuit against Freeman Companies saying that they have “engaged in a pattern or practice of unlawful discrimination by refusing to hire a class of black, Hispanic, and male job applicants across the United States.”

They’ve arrived at there position because, “Freeman has rejected job applicants based on their credit history and if they have had one or more of various types of criminal charges or convictions. This practice has an unlawful discriminatory impact because of race, national origin, and sex, and is neither job-related nor justified by business necessity, the EEOC charged in its lawsuit.”

Read EEOC Release

There is a lot that is being left unsaid here.  We met with the EEOC in March and they specifically said that they were not opposed to background checks and employment screening.  They were mainly concerned about “bright-line” hiring decisions that had a disparate impact on minorities.  Therefore, it is my assumption that there is more to the suit than the fact that Freeman conducted background checks and made some adverse hiring decisions.
We’ll follow this case as information becomes available and report our findings.

Just our $.02.  Employers need to weigh each instance of adverse information on its own merits to determine job relatedness, seriousness of offenses or transgressions, how long ago the activity took place and whether the person is a habitual offender.

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The family of a heart attack victim has filed a wrongful death lawsuit against the emergency room doctor, hospital and hospital owners responsible for his care for wrongful death, conspiracy, negligent hiring and supervision.  The family alleges that the doctor purposely let his patient die in order to steal his Rolex watch.

While there is no mention of the vetting procedure the hospital followed with regards to the hiring of this doctor, I am sure this information is forthcoming.  Considering the level of responsibility that goes along with those who provide medical care to the sick and dying, anything short of a comprehensive background check is totally unacceptable.

St. Joseph’s Medical Center emergency room doctor steals Rolex leaves patient to die

Stockton, CA—A St. Joseph’s Medical Center emergency room doctor is under fire by the family of a retired Manteca police Lieutenant who died from a heart attack last June. The family alleges the doctor did not resuscitate their father so he could steal his Rolex. The adult children of the retired police official filed a wrongful death lawsuit last week, as reported by KTXL.

According to the lawsuit, Jerry Kubena Sr. was rushed to the St. Joseph’s Medical Center on June 1st for heart problems. Emergency room physician Dr. Cleveland Enmon allegedly allowed Kubena to die from a heart attack after he noticed his Presidential Rolex watch on his wrist. Two nurses reportedly noticed the watch was missing from the body of Mr. Kubena, and that a bulge appeared in the doctor’s pocket. The nurses reported the missing watch to security, who then told everyone to remain where they are. The lawsuit claims Dr. Enmons somehow slipped outside the hospital and walked into the parking lot, which was caught on the hospitals security cameras. A nurse decided to follow the doctor, and witnessed him throw something from his pocket into a grassy area in the parking lot. The nurse reportedly brought security to the area where she saw Dr. Enmom throw something, and recovered Mr. Kubena’s Rolex. Dr. Enmon was apparently confronted with the hospitals security footage, and was fired on the spot.

The civil lawsuit charges Dr. Cleveland Enmon, St. Josephs Medical Center, and hospital owners Catholic Healthcare West for wrongful death, conspiracy, negligent hiring, and supervision. The lawsuit also claims St. Joseph’s Medical Center tried to cover up the emergency room doctor’s crime after he was fired. Dr. Enmon was also reportedly indicted by a San Joaquin County grand jury last month for grand theft stemming from the death of Mr. Kubena.

Legal News Reporter: Nicole Howley-Legal news for California wrongful death lawyers.

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A Georgia woman has been accused of stealing from residents of the nursing home that she worked at.  Coastal Manor Long Term Care Facility said they conducted a comprehensive background check on the woman.  Nursing homes are required to conduct background checks in many states and apparently the problem of abuse in nursing homes is so prevalent that it has its own blog, Illinois Nursing Home Abuse Blog. The fact that this blog exists at all should convince any nursing home that is not currently conducting background checks the need to start ASAP!

Woman accused of stealing at nursing home

 LUDOWICI  — An employee of Coastal Manor Long Term Care Facility was arrested Friday and has been charged with stealing from the nursing home and several of its residents.
According to Ludowici Police Department Investigator Sal Genualdi, Demetria Denise Williams was arrested after Elise Stafford, the home’s chief long-term care officer, reported the center had information showing an employee had been stealing.
After gathering information from Stafford, Genualdi went to Coastal Manor and arrested Williams, 28, a military spouse who lives on Governor’s Boulevard in Hinesville. �
Genualdi said Williams was then taken to the LPD, where she was charged with theft by deception, theft by taking and exploitation of the elderly.
Genualdi said Williams has been charged with stealing more than $4,000 and that he anticipates as many as 25 more theft warrants.
Genualdi alleged Williams stole from residents by taking money for their families, but not depositing it into appropriate accounts.
Stafford said Williams also stole from the facility by taking payment of services not provided to residents.
“The majority of the money that was stolen was from payment for services,” Stafford said. “There was a minimal amount taken from the residents.”
She said she has reported the alleged crimes to state regulators and has asked for an independent auditor to look at the incident.
Genualdi said the initial charges all related to thefts from individuals, not from the home, which operates under auspices of Liberty Regional Medical Center in Hinesville.
Stafford said job applicants go through criminal back ground checks and that nothing was found on Williams to have prevented her from being hired.
“Our goal is to provide good quality care for our residents, and to protect them from any type of abuse,” Stafford said.
Genualdi said a $5,000 bond was set for Williams, but as of Thursday, she was still in the Wayne County Jail.

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An Albany State University associate professor has been arrested on suspicion of sexual assault on two female students.  It has been discovered that Dr. Philip Jemilohun was convicted of misdemeanor sexual battery in Virgina in 2001, but was not required to register as a sex offender in the state of Georgia because his conviction pre-dates June 30, 2001.  Jemilohun was also convicted in Georgia of solicitation of sodomy back in the 1980′s but that crime is not considered a sex offense.

ASU and the Georgia Board of Regents state that criminal, social security number and employment history checks are conducted on all job applicants for a minimum of seven years.  The criminal records check is only conducted in the state of Georgia.  Since criminal checks were only conducted in Georgia, it is obvious the school would not have known about the associate professor’s sexual battery conviction in Virginia. 

What can we learn from this story?  That it is vital that employers conduct thorough criminal records checks in all places that an applicant has lived or worked.  Limiting your criminal history check to the current state or county of residence, or even the last “X” number of years could be a costly mistake. 

Biology Professor has two previous convictions

By Jenna McWilliams, Fox 31 News – Wednesday, September 16, 2009

New information discovered by FOX 31 News sheds a different light on Albany State University associate professor Dr. Philip Jemilohun.

63-year-old Jemilohun was arrested Tuesday after two female students came forward with complaints of sexual assault.  Classes continued without a hitch at ASU today, but students were coy about the recent arrest of Jemilohun.

“Don’t let one apple spoil the whole bunch.  I don’t look at any of them differently. It’s really messed up that he did that,” said Brekita Kraft.

“That kind of disgusts me actually because I’m like why are you messing with your students,” said Nikita Davis, sophomore at ASU.

But FOX 31 News has confirmed Jemilohun has two prior convictions. One from the Atlanta area dating back to the 1980′s for the solicitation of sodomy. Authorities say he was given first offender treatment in that case and it isn’t considered a sex offender act. The most recent conviction was in Virginia in 2001, a misdemeanor for sexual battery.  Sources say that conviction dates prior to June 30, 2001, which would not require Jemilohun to register as a sex offender in the state of Georgia.  ASU Police Chief Roberson Brown says he’s turned the investigation over to the District Attorney’s office.

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Not all employers conduct background checks for every position they hire. But as this recent court case shows, sometimes they’re just plain necessary.

If there’s a type of job you’d think would automatically require a background check, it’s those that involve contact with children or the elderly. In fact, background checks for those positions are required by law in some states.

Read more from HRRecruiting Alert

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