Many companies put a lot of time and effort into establishing proper screening programs for their employees. However, they fail to demand the same standard of care from sub-contractors to whom they outsource services. Demand that sub-contractors comply with your background investigation requirements. Then, inspect what you expect from companies who assure you they are performing background investigations on their employees who deliver products and services for your organization.
Case in point was the situation that occurred when a 75-year-old was bludgeoned and set on fire.
Florida home by a deliveryman whose employer delivered appliances for Best Buy. The plantiffs are accusing the electronics giant and two companies it retained, to carry out the delivery, of failing to conduct adequate background checks on delivery people. The suit said Best Buy delegated delivery and installation services to sub-contractors and “did nothing to investigate, supervise, or oversee the personnel used to perform these services on their behalf.”
“Worse, Best Buy Co. and Best Buy Stores did nothing to advise, inform, or warn Mrs. Udell that the delivery and installation services had been delegated to third-party agent(s) over which Best Buy … did nothing to investigate, supervise, or oversee.”
The two key words in the lawsuit are “investigate” and “supervise” the sub-contractor’s screening program. This will appear to be a big mistake by Best Buy. It is, in our opinion, perfectly legitimate to communicate your background investigation requirements to sub-contractors. And then, inspect, perhaps on a random basis, if the sub-contractor is complying with those requirements.
A firm is responsible for the conduct of their employees and the employees of sub-contractors they use. We discussed this point in a previous blog. There is no “shield” against lawsuits by outsourcing services to outside sub-contractors. We will watch closely the development of this lawsuit against Best Buy and communicate the decision. Anyone want to bet Best Buy isn’t found legally liable?
A week after 75-year-old Evelyn Smith Udell paid Best Buy for delivery and installation of her new washer and dryer, police say she was bludgeoned and set on fire in her Florida home by one of the deliverymen.
The Boca Raton grandmother died the next day, on August 20, according to a wrongful death lawsuit filed by her estate. The plantiffs are accusing the electronics giant and two companies it retained to carry out the delivery of failing to conduct adequate background checks on delivery people.
A firm is responsible for the conduct of their employees and the employees of sub-contractors they use. There is no “shield” against lawsuits by outsourcing services to outside sub-contractors. We will watch closely the development of this lawsuit against Best Buy and communicate the decision. Anyone want to bet Best Buy isn’t found legally liable?
James P. Randisi, President of Randisi & Associates, Inc., has since 1999 been helping employers protect their clients, workforce and reputation through implementation of employment screening and drug testing programs. This post does not constitute legal advice. Randisi & Associates, Inc. is not a law firm. Always contact competent employment legal counsel. Mr. Randisi can be contacted by phone at 410.494.0232 or Email: info@randisiandassociates.com or the website at randisiandassociates.com
