Elder Care Facility Fails To Screen Employees

This case involves the alleged negligent hiring and supervision of an employee at a senior care facility. The employee was a 45-year-old male who worked one-on-one with an 88-year-old female patient for 3+ years. 

ByJohn Lomicky

Updated on

Elder Care Facility Fails To Screen Employees

Case Overview

Through his time spent with the elderly woman, the employee became aware that the woman was wealthy, as she was the recipient of a large trust. The employee subsequently entered into a romantic relationship with the elderly woman and began to influence the woman’s financial decisions. The employee eventually married the woman and became a beneficiary of the woman’s trust. It was alleged that the defendant engaged in an intentional scheme to defraud and embezzle from the elderly woman. The woman was unaware of the fraud until the employee was eventually fired from the senior care facility. It was later discovered that the employee had a history of tax evasion and harassment charges. It was alleged that the health center was negligent in that it failed to adequately investigate and screen the employee’s background and qualification before hiring him and allowing him access to a vulnerable population.

Questions to the Vocational expert and their responses

Q1

Please describe your background as it relates to this case.

This expert has over 20 years of experience in the marketing and recruiting services industry. She worked for the County of Orange, California, as an internal Human Resources Consultant, providing countywide communications, human resources, executive search, and recruiter training services to the Chief Executive Office and 24 decentralized departments with 17,000 employees. She was a member of committees that implemented innovative employee training initiatives and new selection rules. Currently, this expert is the President of a human resources consulting firm. She has a thorough understanding of the Civil Service Rules and selection criteria and specializes in recruiting for executive, management, and hard-to-fill positions.

Q2

What is the screening process involved when hiring a new employee who will be in contact with vulnerable patients?

I can help you with best practices and what I would recommend for an employer who hires these people in their organization regarding the depth of the background and reference checks I would recommend. I believe it is also important to find out what their past practices have been within their organization regarding hiring process to see what may have changed for this position (both for the hiring and supervision process). I would also want to know what other like organizations' past practices are in the state (and other states) and what is not being done in their organization that their peer organizations clearly see as important.

About the expert

This expert has over 20 years of experience in the marketing and recruiting services industry. She worked for the County of Orange, California, as an internal Human Resources Consultant, providing countywide communications, human resources, executive search, and recruiter training services to the Chief Executive Office and 24 decentralized departments with 17,000 employees. She was a member of committees that implemented innovative employee training initiatives and new selection rules. Currently, this expert is the President of a human resources consulting firm. She has a thorough understanding of the Civil Service Rules and selection criteria and specializes in recruiting for executive, management, and hard-to-fill positions.

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About the author

John Lomicky

John Lomicky

John Lomicky is a J.D. candidate at FSU Law with a multidisciplinary background. He earned his Bachelor's degree in Neurobiology and Near Eastern Studies from Georgetown University and has graduate degrees in International Business and Eurasian Studies. His extensive professional experience includes significant contributions in legal business development and research.

At Expert Institute, John held several key roles over five years, including Director of Business Development, where he oversaw an inside sales team, generating six-figure monthly revenue and fostering relationships with a diverse range of legal practices, including top-tier firms and solo practitioners. As Associate Director of Research, he led the company's first physical expansion, establishing a successful operation in California and managing a team of over 20 research and sales professionals. In his role as Associate in Research, he provided tailored consulting services to attorney clients across North America, connecting them with the right experts for cases in various fields, including personal injury and intellectual property,

John's expertise spans managing sales teams and driving company expansion, developing consultative services tailored to legal practices, and cultivating strong relationships within the legal community.

He is currently pursuing a JD/LLM in Tax at the University of Florida - Fredric G. Levin College of Law, where he is involved with the Florida Tax Moot Court Team and the Low-Income Taxpayer Clinic.

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