Bulletin: Recent Workplace Violence and Walmart Class Action Lawsuit Certifies 5 Million

January 21st, 2019   •   Comments Off on Bulletin: Recent Workplace Violence and Walmart Class Action Lawsuit Certifies 5 Million   

Workplace Violence – Contract Employee Kills One, Leaves Another in Critical Condition 

Evan Lyndell Parker, a contract employee who had been assigned to Orizon Industries outside of Houston, Texas, a steel fabrication plant, is accused in the stabbing death of a 64-year-old night-shift supervisor to death in mid-January. Another employee, who attempted to intervene, was taken to a hospital in critical condition.

Recommendation: Employers must be aware of the fact that the actions of a contract employee can expose their company to litigation when that individual is involved in an act of violence. Employers utilizing contracting companies are encouraged to review the company’s background-checking processes to ascertain that they match the employer’s own processes of due diligence before contracting with them.


5-Million Walmart Applicants and Employees Now Certified as a Class for FCRA Violations

On Thursday, January 17, 2019, a California federal judge certified the proposed class action alleging that Walmart violated the Fair Credit Reporting Act (FCRA) when it failed to follow FCRA requirements to properly notify workers and applicants of its intention to obtain background checks.

Recommendation: The FCRA is very specific as to the steps to be taken when conducting background checks through a third party, and as most employers recognize, it is nearly impossible for an employer to re-create what a professional screening company can provide in terms of background checks. Violations of the disclosure and authorization requirements often land employers in court, and yet these requirements are relatively easy to implement once the proper document is created. These violations are also easy targets for professional plaintiffs who work to “catch” companies’ failure to adhere to the Act.

Companies operating in California should be particularly vigilant, as the state has additional laws and much-stricter interpretations of the FCRA. For consistency and ease of implementation, they may choose to adopt the California requirements for all states where they operate.

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About the Author

Zuni Corkerton is the Founder and President of RefCheck® Information Services, Inc., a human resources-based firm that focuses on providing stellar employers with in-depth–not generic–background-screening services. She founded the company in 1986, when as director of employee relations for a regional bank she found that hiring blind was not a sound business option. She needed solid, objective, job-related background information on the bank’s candidates. RefCheck® helps employers to perform their due diligence in the selection process in order to protect their employees, and to protect their organizations from the risks inherent in the selection process: employee theft, workplace violence, and negligent-hiring and negligent-retention allegations. Adherence to federal and state laws is of paramount importance to the company.

Please call (800-510-4010, x 12) or email Zuni (zcorkerton@refcheck.com) to schedule a free, confidential analysis of your current screening practices, and to determine how RefCheck® can help you to mitigate risk, protect your bottom line, and improve hiring.

Notice: Nothing in the material provided is intended to be or should be relied upon as legal advice. Readers are strongly advised to seek legal counsel. The author is not an attorney, and the information provided is for informational purposes only. Neither the author nor RefCheck® is engaged in rendering legal advice.