Saddle Up, Montana: Original 2024 State Privacy Laws Get a Makeover in 2025
Montana implemented the Montana Consumer Data Privacy Act (MCDPA) on October 1, 2024. The law regulates businesses that produce products or services...
With Verified Credentials' mobile-first candidate experience, you meet candidates where it's most convenient. Learn how easy we make it.
|
Now offering DOT services!Get your drivers on the road quickly and meet DOT regulations. |
Learn the latest trends in employment background checks. This report uses real-life usage data to uncover how employers are screening across industries.
Verified Credentials is a leading background screening company. Since 1984, we’ve helped validate and secure relationships through the use of our comprehensive screening solutions. We offer a wide variety of background checks, verifications, and innovative screening tools.
Our accreditation confirms that our policies, processes, and employee training meet rigorous industry compliance standards.
2 min read
Verified Credentials Nov 11, 2021 12:00:00 AM
It’s a nightmare scenario when there is a threat to an individual. Or worse, if someone takes another’s life. While tragedies related to an employee are rare, they’re situations for which HR teams may choose to prepare. Many employers even pinpoint safety as a top reason for doing background checks.
A recent complaint filed in Florida relates to a terrible situation like this. An employee of a housing complex allegedly killed a woman, who was a fellow employee and tenant. And while the details are startling, this pending case is a reminder to employers. Companies run a risk of negligence if they don’t hire and employ responsibly. They should act with the safety of their staff, customers, and the public in mind.
The estate of the alleged victim, Miya Marcano, filed a lawsuit in Orange County, Florida on October 18, 2021 against Arden Villas Apartments, LLC (“Arden Villas Apartment”) and the D.P Preiss Company, Inc. (“Preiss”), among others. The complaint states that Marcano was hired by Preiss in June, 2021 to work in the front office of the Arden Villas Apartments, where she was also a tenant.
According to the complaint, during her employment, Marcano met Armando Caballero, who also was employed by Arden Villas Apartments and/or their agents or employees, including Preiss. At some point, she voiced her discomfort with Caballero to her parents and colleagues. But, according to the complaint, it was common for management at the complex to ignore complaints from staff and tenants.
In September 2021, Caballero allegedly kidnapped Marcano from her own apartment. The complaint states that Caballero used a key fob, or other access control device, given to him by the defendants to get into Marcano’s residence. She was later found dead.
The complaint states that “At no time was [Marcano] made aware by the management of Arden Villas that Caballero had a criminal background, a history of harassing women, nor was she aware that Caballero would have unsupervised and/or free access to her apartment.”
Among other claims, the complaints alleges that the defendants should have been aware of the risk Caballero posed. Defendants knew, or should have known, “that he should have not been hired, not been retained, and/or not been given a key fob (or other access device) that provided unfettered access to apartments…”
Additionally, the complaint alleges that because some employees had access control devices that allowed them to enter apartments, “Defendant had a duty to ensure that all persons that sought to work for defendant and/or at Arden Villas, were properly vetted, and that only appropriate persons were hired”.
Filing documents allege that Arden Villas and others breached their duty to exercise reasonable care and safety for the protection of residents, including Marcano. They also claim that the defendants acted in a negligent manner in various respects, including, but not limited to:
This case is pending and the allegations remain only allegations at this stage in litigation. However, this case highlights the potential risks to employers, their staff and customers, and more. Hiring candidates without proper vetting can result in a dangerous situation. Employers may want to work with their legal counsel to determine if their current background checks thoroughly protect their organization.
Montana implemented the Montana Consumer Data Privacy Act (MCDPA) on October 1, 2024. The law regulates businesses that produce products or services...
For a second time this year, the state of Washington has enacted efforts to create a fair hiring landscape for Washingtonians. We previously covered ...
A bill to legalize medical marijuana in Kentucky has been in the queue for quite some time, but it was not until earlier this year that the...
A proposed class-action lawsuit filed against Whole Foods Market Group, Inc., Amazon.com, Inc., and Cornucopia Logistics, LLC (“Defendants”) is one...
Like New York City, the state of Louisiana now has its own “Fair Chance”-style law. Louisiana Act 406 places new restrictions on employers that...
Under a new state law, private employers in Florida with 25 or more employees are now required to use E-Verify in their onboarding process. Governor...