Hemmingway Nursing Care is a home healthcare agency providing in-home care to el

Question

Hemmingway Nursing Care is a home healthcare agency providing in-home care to elderly and special-needs patients. Many of Hemmingway’s patients would be considered vulnerable adults due to their diagnoses. Hemmingway, consistent with state law, routinely conducted criminal background studies on applicants that had received a conditional offer of employment. If the applicant had a disqualifying record, the offer for employment would be withdrawn. Recently, the HR director had been informed that one of Hemmingway’s long- term nursing aides with an exemplary record of performance and attendance had been arrested and charged with domestic abuse. If the nursing aide is ultimately convicted on the charge, Hemmingway will be required to terminate that person based on state law. Questions 1. What is the purpose of state laws that require certain types of employers, especially healthcare employers, to conduct criminal checks on workers? 2. Should Hemmingway terminate the employment of the nursing aide if the individual is convicted of domestic abuse? If the nursing aide is ultimately convicted on the charge, Hemmingway will be required to terminate that person based on state law.

Explanation / Answer

1. The users of healthcare services are usually the elderly, weak, disease infected people who are in compromised condition and are vulnerable. They need more of selfless and compassionate service and care in addition to medication for quick healing. A person with questionable background is more likely to betray these helpless people and part away with theirr cash or belongings, or play dicey games to derive benefits out of their compromised condition, or even worse. Therefore, it is necessary for checking the background of employees whom care of a patient is entrusted.

2. Hemmingway should terminate the person irrespective of his / her past record as in such professions only mistakes count, not the everyday good performance. The fact that the person has not committed crime till now, does not guarantee his future conduct. Once his tainted face has come to the light of the world, it might come some other day at workplace as well. Therefore, termination is appropriate decision for the hospital.

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