By Ed Moltzen, Contributing Writer, LIBN
Pressure to bring new employees on board in a tight labor market might lead a business to take shortcuts in the vetting process. However, that can create even bigger problems: tarred reputation, money loss, or legal liability if the wrong employee gets in the door.
Some Long Island legal experts say that while they understand the imperative to hire quickly, vetting is often needed to protect all parties—customers, employees and the business itself.
In its most recent report for the Long Island region, the New York State Department of Labor estimated that unemployment here has hovered at around 3.8 percent—well below the national levels. In critical sectors such as healthcare, education and construction, the pressure to hire has increased against the necessity of vetting.
“It has to be part of your normal onboarding process to decide as to whether a specific position warrants what type of criminal or other background check,” said Christine Malafi, senior partner at Campolo, Middleton & McCormick in Ronkonkoma.
Malafi said that thorough background checks and robust HR procedures are essential to prevent potential liabilities. She stresses that businesses, especially those handling sensitive information, must have clear, consistent hiring and onboarding practices.
This helps ensure all employees are vetted appropriately for their roles and minimizes risks related to safety and security.
In one recent case, Malafi said a company hired an employee without conducting a full background check, only to find out a week later, after she visited clients’ homes, that the new member of the team actually had prior convictions for identity theft.
“They literally had to shut their computer system off, shut their bank accounts down, everything down, because she went into a place she shouldn’t have been in their computer,” Malafi said.
Malafi offers this advice to employers: “Preparation is key to avoiding potentially huge liabilities and losses down the road. In law, we say preparation, preparation, preparation.”
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