St. Mary’s Nursing Care is a home healthcare agency providing in-home care to elderly and special-needs patients. Many of St. Mary’s clients would be considered vulnerable adults due to their diagnoses. St. Mary’s, consistent with state law, routinely conducts criminal background studies on applicants who had received a conditional offer of employment. If the applicant had a disqualifying record, the offer for employment is withdrawn.
Recently, the HR director had been informed that one of St. Mary’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, St. Mary’s will be required to terminate that person based on state law.
Questions
What is the purpose of state laws that require certain types of employers, especially healthcare employers, to conduct criminal checks on workers? What is your state’s requirements?
Should St. Mary’s terminate the employment of the nursing aide if the individual is convicted of domestic abuse regardless of their work record?
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