Is It Legal To Apply The Criminal Background Check Section Of The “caregiver” Law To Non-care Giving Staff?
I work for a large hospital in Wisconsin and they recently decided they were going to send out a criminal background check survey to ALL hospital staff. They are claiming they are choosing to apply the four or five year background check required by the Caregiver law to ALL hospital staff. I work in IT and NEVER have patient contact. This seems fishy to me besides just being insulting. I was honest on my application and nothing has change in my criminal histroy (or complete lack there of) since my hiring almost four years ago. They also said if we did not fill out this form and return it we would be fired. Beyond applying the caregiver law to non-caregivers I thought it was illegal to force someone to fill something out / sign something under duress of their job? I know this doesn't replace consulting a lawyer but looking for some guidance on where I stand and what my options are. Thanks to anyone with legal expertiese that can help.
Tags: "caregiver", Apply, Background, Check, Criminal, Giving, Legal, Noncare, Section, Staff
January 30th, 2010 at 6:41 pm
Hi – what they are doing is quite legal. Many comapnies establish and enforce background check requirements – these are not regulated by law but are conducted at the discretion of the company in accordance with their policy.
The company can also require employees to sign a work-related document such as this as a condition of continued employment.
I know on the surface it appears to be insulting, but think of it as a commitment to a safe work environment. Even employees with no patient contact can have criminal records. They are trying to prevent an act of workplace violance, among other potential liabilities.
January 31st, 2010 at 12:15 am
With lawsuits and predators running rampant, the hospital is trying to protect itself. I’m sure the hospital attorneys have already checked this out. If you have nothing to hide, it’s no big deal.
January 31st, 2010 at 7:05 am
Sorry I agree with the hospital…when my Mom was hospitalized I was a nervous wreck and today if I had a family member in the hospital I would certainly want to know the hospital had done background checks on ALL hospital staff…you have no need to be offended; the fact that you are is disturbing. Fill it out or find another job not in the health care sector.
January 31st, 2010 at 11:11 am
If you have no criminal background you have nothing to worry about just fill out the form. They do in fact have to right to fire you if you do not comply. I do agree that all hospital employees should have a background check you might not deal directly with patients but if you work in a hospital what you do effects the patients. You could possible appeal but more than likely you will still end up having to fill out the form or be fired.