Archive for May, 2009
As with any state, if you intend carrying out a background check Texas has its own state laws on what is required. Most of these, however, refer to when checks must be carried out, such as the requirement of the University of Texas Health Science Center that all new students should be subject to a criminal background screening before being admitted.
Texas is also very strong on screening of day care employees, and rightly so. The costs of bad or negligent hiring can be very high for a local authority as it can be for a private company. In fact a serious negligent hiring lawsuit can destroy a small company, which is why background screening is so important these days. By carrying out the task properly you can reduce hiring problems within your company, and reduce risks to your staff and your company.
In Texas, as in most other states, the candidates themselves have certain rights. You must notify any potential employee of the fact that they will be subject to such employment screening checks, and must also respect the rights to privacy of the potential employees. Additional to that, if you intend having the background checks carried out by a third party, then in Texas, as anywhere else in the USA, you are obliged to receive signed permission from the person involved before you can do so. This is not necessary if you carry out the checks yourself, either personally or through another employee within your company.
Employment background checks are essential since many applicants falsify the information provided in their application forms, and what you decide to verify will depend to an extent on the type of work to be done. Your main obligation is to make sure that the prospective employee is qualified to work in the USA, but you have to make sure that he or she does not have a propensity to inflict violence on others. You will have other checks to carry out depending on the job on offer.
The criminal background check is necessary as protection for your existing employees, and if you fail to do this and an employee is assaulted, then you will be found negligent. You are responsible even if your employee is working out of the plant. Just a short while ago the Texas Supreme Court found cleaner company Kirby negligent for failing to carry out an adequate screening of an independent contractor who raped a woman in her home while demonstrating a vacuum cleaner. It cost them $160,000. Could your business afford this?
If you are employing an accountant you will likely want to carry out an additional credit check, and other common background checks Texas employers carry out are employment history, to find if there are any gaps that have not been volunteered in the résumé, and history of residence. Some people claim to have been living out of state to cover up periods in penal institutions. You could also check out court records, though this is not easy to do out of state without actually traveling to the court. Without that, it can sometimes be difficult to thoroughly check out someone’s criminal records since there is no national criminal database that can be accessed by embers of the public.
Even Texas state records are only as good as those counties that send details in. Frequently it is only by checking out court records that you can find out if anybody has actually been in prison or not. Some courts have electronic systems available for carrying out such searches, but with others you have to thumb through the paper records to find what you are looking for. Some courts will post the results to you while others insist on you picking them up personally.
In such cases it is generally more convenient to employ professionals to do the job. The professionals know all the legal obligations that have to be observed, both from your point of view and from that of the subject. Small businesses, however, often cannot afford to hire a professional investigator to carry out the screening and will have to do it themselves.
You are not expected to investigate every possible aspect of a job applicant’s life history, but you are expected to carry out the basic background checks that would throw up facts about their criminal history, or whether or not they have lied about their past work experience or even residential history. If you are employing someone in a day care or child care center then you have a legal obligation to do so. Texas law demands it.
If an incident occurs, and you are unable to demonstrate that you had carried out reasonable pre-employment screening or the proper background checks Texas employers are expected to carry out, then you are likely to be found liable for the results of negligent hiring. The penalties are commensurate with the crime carried out by the employee, but can include fines of many hundreds of thousands of dollars.
Public records search can be performed through many different ways. Just to name a few, it can be your school, library, courts, the local municipal office, government agencies and even at places of worship. Other than the public archives which are free, most of other services require a fee. Needless to say, some government employees are accessing such information from their workplace. However, there are governing rules pertaining to the access of public information as well as the way you use the information retrieved from public records search.
Some people would conduct a public records search online. Such information is normally in the public domain and can be freely accessed by any member of the public. Even government records can be accessible in some instances. So, it is possible to find certain bits of information if the records are not confidential and are for all eyes. Such details can be the full name and address of an individual. However, you need to understand that such information is basic and would not be too detailed or comprehensive.
In the past, all such public records are only available in physical copies filed in folders and cabinets. You may even have to locate microfilm, microfiche and photographic copies from whole piles of documents in order to find what you need. Or you can hire a private investigator, PI to carry out some investigative work for you. This option can be rather expensive and definitely not the choice of most people.
That is why many services have set up shop online to offer comprehensive search databases for people to conduct a public records search. These volumes of information are huge and the beauty is that you can find them online. But with these record databases, everything can be found in an instant online, saving hassle, time and money. Such services can charge a one time membership fee for unlimited number of searches or a fee for per record search. Go for the unlimited search option as it is nowadays very affordable and cost you less than $50.
The entire process is easy and the search interface is user friendly. You can use the site to search for records like phone numbers, residential addresses, criminal records, marriage and divorce records, birth and death records, civil records, business records and so on. Because of the comprehensive and wide network of data they have, even private investigators, law enforcers, lawyers and other professionals are turning to these services to find the public records they want.
Anyone who is interested to conduct a public records search can pop over at my records search blog to get started in a few minutes from now.
Question about cash bonds? Really need information.?
My cousin is locked up again. The last time she was locked up I posted the $650 cash bond for her. She didn’t go to her court date so a warrant was issued. That’s why she’s locked up now. Her attorney calls me today to ask if I will release the cash.
Right of surviviorship?
my uncle is power of attorney for my grandmother. my name was placed on here deed to her home as co owner with right of survivorship. it has been on there for three years and now he wants to put some other names on the house. the names that he wants to put on there are.
Settle in a divorce??rather than go to court??
Hubby and i are divorcing it is messy. My husband wants to sell everything?I want to keep our home but my attorney thinks it will be easier for all parties involved if we just sell the house that we bought for 389 grand now worth about 415 grand.Hubby also wants to.
Sexual harrsement?
I am seeking a sexual harrasement lawsuit . I have an attorney who has said it is a winnable case. but I m not happy with how he is handling my case it is often hard to contact him and he acts to busy to respond to my concerns plus he is not that close to where.
Should a judge state his personal feelings during a sentencing or remain unbiased?
recently while in court with a friend, the judge stated that a crime that he was sentencing at the time was a pet peeve of his.I’ve always thought that a judge was suppose to be unbiased.The man’s attorney didn’t seem bothered by this, so I was.
Should I appeal my probation violation or just do the time?
I recieved a probation violation for signing someone’s AA slips who wasn’t going to AA. Dumb thing to do, but not illegal. They gave me a probation violation for ‘bad behavior’ and each attorney I talked to said to fight it. ‘Bad behavior’ in all states with the.
Should I use a court appointed attorny to represent my son in a criminal case?
I have been trying to contact this court appointed attorney that is assigned to my son’s criminal case. It has been 3 days and he has not returned any of my calls. Should I hire an attorney to take over the case? How much.
Should I use a paralegal service or an attorney to file a simple chapter 7 bankruptcy?
Bankruptcy is document intensive. You can do it yourself, but go to bankruptcy court and get a petition and review it. See if you understand it. If you don’t, come back with more specific questions and we’ll try to help. It’s hard.
Should pharmacists be allowed to refuse filling prescriptions for reasons of conscience?
If a patient has gone to a doctor and received a prescription for medication, should a pharmacist be permitted to say ‘I’m not going to do it’ and deny the patient medication? I say no.fill the order or get another job. If I’m an attorney and I.
Should the attorney general be fired for his poor job performance?
or should george bush, ONE MORE TIME, GET HIS WAY? Have you noticed that W reaffirms his faith in his appointees just before he asks them to resign? (Rummy, Brownie, Ari, Snowy, etc.) I’ve been expecting the AG to turn in his letter of resignation any time now..
Statue of limitations for Personal Injury, an attorney filed a complaint for me in my county?
which is in Southern California on my behalf back in 2003 for personal injury against the City County and Sheriffs Department of that county. The reason was due to an injury I sustained while being arrested, my hand became numb due to a.
Stop mother in law from getting visitation?
I live in logan county Ohio, My ex mother in law is trying to get visitation to my son. however she is an alcoholic and is addicted to pain medication how can I stop her from enforceing grandparents rights in Ohio? Consult an attorney..in many states grandparents don’t have automatic visitation and.
Sueing someone for abuse and harassment?
My ex boyfriend has dragged me through the dirt for the past 8 months. He claimed we were common law married and we weren’t. I had a crappy attorney at the beginning and had them recused and now i have a really great attorney. I haven’t talked to my attorney yet about my.
Suicide or lawyer?
i seriously need an attorney for a brain injury that is causing me some legal troubles in my eveyday life.i live in michigan right on the border of wisconsin.i am having legal trouble in wisconsin and michigan.legal trouble meaning,contempt of court,bill collectors,missing important appointments.i have no sences of time or planning.and many other medical issues from.
Suppose you’re an attorney. In a case you’re presenting to a federal court, you argue that the person you’re d
suppose you going to jail – I think you’re missing something out. – Suppose I’m not an attorney. – Suppose you were smart and actually finished your question so we’d know WTF you’re talking about? There’s a novelty,.
The Power of Attorney?
Is there any way that an individual can have the power of attorney without filling out the proper forms when in fact one of their parent are not mentally stable? (for example: a father is dying of cancer, and is near his death, he wants to die at home and does not want to go.
Their is a policeman in our area and a few of this community?
police officers who are upsettting alot of famiies, a social worker said he is a glory seeker and that i should get together with other families to do something about this, we are but who do we make the complaints too The district attorney, a lawyer,.
This is a question I would like for an attorney to answer or someone that knows a lot about law.?
My husband was charged for a small amount of weed that was found in our house – I think it was either an old room mates or maybe it was ours from years ago. (cops searched our home after.
To find the ‘bottom line’ of what the outcome of the case was, where must the attorney look?
An attorney is looking for a precedent that she can cite when filing a motion with the court. To find the ‘bottom line’ of what the outcome of the case was, where must the attorney look? A. The holding B..
Today a lawyer told me she could not represent me what are all reasons why she could not?
Is she representing the other party or could it have been that she spoke with the other party and one or the other decided not to use that attorney or not to represent? Also, please if she is representing him since.
Unpaid child support?
hi. i need direction from someone who has been down this road or advice from any legal stand. i have a court order for child support. have recieved nothing since dec. 2006. get the run around from attorney general about what will take place next. their father is in a rehab for a program that last.
Was a Virginia University massacre avoided by gun toting students?
Had you heard this in the MSM? I had never heard of this one before. Why is that? On Jan. 16, 2002, Peter Odighizuwa, a 43-year-old student from Nigeria, walked into the Appalachian School of Law offices of Dean Anthony Sutin, 42, a former acting assistant U.S. attorney, and.
Web site address with listsof attorneys admitted to practice before united states patent & trademark office?
Any attorney can handle USPTO matters. However, patents are a particularly technical area of the law, and you’d do well to seek out someone with specialized knowledge if you’re working in that area. – I happen to have an immediate fa
mily member.
Do you feel more intelligent than your attorney ?
I AM an attorney, and take it from me, you could well be. The biggest complaint with attorneys is neglect – they take on too much work because they are greedy, and don’t pay enough attention. I try never to do that. Even though my partners pressure me to..
Do you still have power of attorney over a parent who has moved to another state?
Seeking information on what can be done and how.My parent is in need of my help but is living in a bad situation.I am in Va,she in NC and is elderly and disabled and has no place to live.I too am disabled and.
What are some Ethical Issues worth writing about?
I really need some advice, Thanks alot While in college I wrote a paper on a very controversial issue: euthanasia where I took the pro side. With the fairly recent Terry Schivo case, you could probably find lots of information on. Good Luck! – Why must an attorney report to the.
What are steps to filing suit ? Who buys stamp?
A legal suit is to be filed. Advocate is talking about buying a stamp. First he said he will buy, so I send him money. Now he say I or my power of attorney should buy it. I travel with my job so have to make time for all.
What are the steps to being a Real Estate lawyer or attorney?
It’s not so difficult. First you complete your B.A. or B.S. Then you go to law school. It helps if you take some courses in law school that focus on real estate, for example: Real Estate Transactions, Land Use, Real Estate Litigation. Do your best in.
What can a judge do in response to an objection by a lawyer?
a judge can do two things in response to an objection by a lawyer? could anyone tell me what they are? A judge will either sustain or overrule an objection. In some cases, the attorney who is overruled may request that the record note that he.
What can I do about a rude bankruptcy attorney who has made a couple of mistakes?
My husband and I have filed for ch. 13 bankruptcy in Texas. The attorney that he selected tends to range from nice to rude, especially when we don’t understand an issue. He tends to be a bit pompous when he responds to us..
What can I do if I want power of attorney over my parents but they will not consent?
Is declaring them incompetant the only possible answer? unfortunately yes.until they are proved to not beable to handle their own affiars they decide who holds a power of attorney for them. – Yes. – Pretty much. Good luck with that. If.
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