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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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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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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We found this one on the California Employment Attorney Blog early this morning.  The case does not define if the employer conducted a proper background check, it does however say they knew about the convictions.  The good news for the employer is they were found not liable.  The bad news for their management is they should look at their hiring practices and re-evaluate what types of crimes eliminate applicants from employment.

In Phillips v. TLC Plumbing, Inc., a California Court of Appeal addressed the issue of negligent hiring and retention. One of TLC’s employees had been convicted for domestic violence and arson involving his former wife. TLC learned this about the employee when it hired him. The employee struck up a relationship with a customer while on a service call to her house. TLC terminated the employee a month later for misuse of a company vehicle, drug and alcohol use, and threatening a coworker. The terminated employee and the woman, however, became romantically involved and continued their relationship after the employee’s termination. Approximately two years after his termination from TLC, the former employee shot and killed the woman. The woman’s family then sued TLC for negligent hiring and retention.

TLC argued that it did not owe any duty of care to the plaintiff, because the murder had occurred two years after TLC terminated the employee. The California Appellate Court agreed, finding that “[B]ecause the employer-employee relationship ends on termination of an employee’s employment, we conclude an employer does not owe a plaintiff a duty of care in a negligent hiring and retention action for an injury or harm inflicted by a former employee on the plaintiff even though that former employee, as in this case, initially met the plaintiff while employed by the employer.”

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Just two short days ago, I blogged about Gariner Beasley, a convicted rapist who was hired and continually promoted at an L.A. county hospital.  To reiterate, the county had run multiple background checks during his employment and Beasley had admitted to the conviction on his application.  In other words, the county KNEW about his past yet continued to let him work in a position where he was alone and unsupervised with vulnerable patients.  After an inquiry into the criminal histories of county hospital employees, Beasley was fired in August from his position as a X-ray technologist.  The county admitted that they had erred repeatedly in allowing him to be hired and remain on the job.  In Beasley’s termination letter, Christopher Arevalo, the hospital’s interim chief executive, said Beasley’s criminal convictions were “incompatible” with a job that left him alone with patients in “very vulnerable and compromised positions.”

Are you ready for this?

Against all odds, reason, and the scope of my understanding, the county REHIRED Gariner Beasley a short time after he was fired in August.  They fired him again on Tuesday.  Talk about shooting yourself in the foot – twice.

But this isn’t all bad news for Beasley.  I’m sure he’ll be back on the job in no time.  I hear L.A. county is hiring…

L.A. County rehired convicted rapist after firing him

By Garrett Theolf, Los Angeles Times – February 5, 2009

A convicted rapist fired in August from his job as a county hospital X-ray technologist was rehired by county managers through a contractor a short time later to do the same work at an East Los Angeles health clinic, officials acknowledged Wednesday.

Gariner Beasley, 48, was fired again Tuesday and escorted from the Edward R. Roybal Comprehensive Health Center, said county Supervisor Gloria Molina.

County officials struggled Wednesday to explain how they had rehired a man they fired in August, calling his criminal record incompatible with a job that required he work alone with patients in “very vulnerable and compromised positions.”

“There will be some heads rolling on this one,” said Molina, whose district includes the clinic where Beasley was working. “This is totally shocking. It really shocks all of your sensibilities because we are supposed to be serving and protecting the patients of Los Angeles County.”

The fact that Beasley reappeared in county scrubs after county officials dismissed him raises even more questions about the county health department’s vetting of hires and casts new doubt on the ability of the Board of Supervisors to reform the long-troubled Department of Health Services.

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HR professionals know more than anyone about the importance of a thorough background check during the hiring process.  They also know the risks associated with hiring the wrong individual.  This county ran multiple background checks on this person and he disclosed his rape conviction on his application for employment.  So, why did county personnel still hire this individual to work in their hospital knowing the position would require the employee to work alone and unsupervised with female patients?  Something tells me someone should have double-checked the qualifications of the people in charge of hiring employees before they were hired for their jobs!

Rapist worked at L.A. County hospitals despite reviews of record

Los Angeles Times – January 31, 2009

A man who raped women as an on-duty Los Angeles police officer, threatening them with arrest and jail if they did not submit, was hired by Los Angeles County as an X-ray technologist after he got out of prison, even though the job would leave him working alone and unsupervised with female patients.

His hiring at County-USC Medical Center a decade ago was not an oversight.

The man — whose actions cost the city of Los Angeles nearly $300,000 in settlements for his victims — disclosed his criminal history in his county job application. Both the head of hospital human resources and a chief aide then signed papers that said there was no reason his convictions for rape should prevent him from doing the job, according to newly obtained records and interviews.

It would not be the last time managers in the county health department would evaluate his criminal record. Each time he was promoted, someone at a management level reviewed his history. It was reviewed again in 2004, when he transferred to Martin Luther King Jr.-Harbor Hospital, then known as Martin Luther King Jr./Drew Medical Center.

County officials quietly fired Gariner Beasley, 48, last August — a month after The Times uncovered the widespread incidence of serious criminal histories among King’s staff — saying managers had erred repeatedly in allowing him to be hired and remain on the job.

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When a person applies for position as a doctor, lawyer, accountant, etc., it goes without saying that this person has the proper education and license to perform the duties those positions require, right?  I mean, why else would they bother?  Perhaps he or she believes no one will bother to check since that assumption will most likely be made.  A lesson to us all: 

Never assume the obvious is true. ~ William Safire

Psychologist for SLO County is a fraud, authorities say

She worked for years using an allegedly stolen license number

By Leslie Parilla, The Tribune News – January 6, 2009

A woman who posed as a counselor for the county and as a private psychologist in San Luis Obispo had been using the license of a therapist who worked across the hall from her for several years before she was arrested, authorities allege.

Nadejda Kachlakeva was criminally charged Dec. 19 with grand theft, impersonating someone and receiving their property, forging a state seal on a fraudulent license and related enhancements, according to court documents.

She has been released from custody after posting $100,000 bail. Kachlakeva is scheduled to return to court Jan. 14 for a pretrial hearing.

According to her relatives, Kachlakeva has a master’s degree in psychology from a university in her native Bulgaria. But that information could not be verified Tuesday with officials at Sofia University.

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I cannot think of a more horrible way to start the new year than being abandoned in freezing weather with no way to call for help.  Such was the case of Ed Wynn Rivera, a 22-year-old man with cerebral palsy who was left on a bus overnight in frigid temperatures.  The driver has not yet been charged with a crime connected to this incident but arguably, had no business driving a bus due to his lengthy criminal record.  The driver, Walter Gibbs, 42, has been busted 28 times for various crimes including assault on a police officer and grand larceny.  The bus company’s website boasts that drivers are “randomly drug tested, fingerprinted, background checked and with no criminal background.”  Obviously, the bus company is either misrepresenting their vetting process or are running completely inadequate checks on their prospective employees.  Either way, there is no excuse for an incident like this to happen.

Driver who left disabled man on bus has been busted 28 times

By Alison Gendar and Rich Schapiro, Daily News Writers – January 4, 2009

The bus driver who left a severely disabled Manhattan man stranded inside his frozen vehicle for 17 hours is a career thug with a rap sheet 28 arrests long – including a collar for assaulting a cop.

Walter Gibbs, 42, an employee of Outstanding Transport, also has been busted on numerous drug charges and for grand larceny, police sources said Saturday.

Cops quizzed Gibbs for hours after Ed Wynn Rivera, a 22-year-old with cerebral palsy, was abandoned in the rear of his frigid bus on Dec. 31. It was Gibbs’ second day on the job.

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