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Murdering Nurse Case Shines Light on Flaws in Employment References
Charles Cullen is a New Jersey nurse who has admitted killing as many as 40 patients with lethal drug injections. While that fact is startling enough on its own, it becomes downright chilling when you consider that during his 16-year career, four hospitals and one nursing home fired him, another hospital suspended him and another questioned him about a patient's suspicious death. But Cullen regularly got new nursing jobs until late last year when Somerset Medical Center in Somerville, New Jersey started investigating questionable lab results involving patients under his care. He was arrested in December and charged with murder.
Several of the facilities where Cullen was employed now face lawsuits from relatives of the murdered patients. But late last month, Pennsylvania officials cleared five of the state's medical facilities of ethical violations, saying they did perform limited background checks and reported suspicious deaths.
The slow death of job references began around 20 years ago as companies began to worry about defamation suits if they gave poor references. As a result, now when someone asks for references on a potential hire, many managers are allowed to reveal only job titles and dates of employment.
While saying nothing usually shields employers from lawsuits, varnishing the truth tends to have the opposite effect. In some cases, managers have been hauled into court because they gave positive references without revealing an employee's history of violence or inappropriate behavior.
In a landmark 1997 California Supreme Court case, a school district lost a suit after providing glowing recommendations for Robert Gadams, an administrator who had a history of harassing girls and was forced to resign. A school administrator in Mendota, California lauded Gadams' rapport with students, even though he allegedly knew Gadams had given massages and made sexual remarks to female students. Gadams went on to molest a 13-year-old girl at a school that was unaware of his past.
It is estimated that 70 to 80 percent of American companies forbid employees from giving out extensive references. But the cases of Cullen and Gadams, as well as many other threats to workplace safety and security, illustrate why employers may want to revisit reference policies.
(Source: http://www.csmonitor.com)
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