“Over my 25 years of family practice in California’s Central Valley, I’ve always trusted my intuition when making a hiring decision. With two front-office employees retiring, we will soon start searching for replacements.

“In this rural area, qualified people are hard to find, and I do not want to miss out on a good hire because of an expensive, time consuming background check. My wife tells me that I am being foolish, that it’s a different America, and what we spend to check someone out could save us a great deal in the long run. Perhaps, but we have never had an issue with dishonesty or problem people in the past.

“After reading your column for years, I will follow your advice. Thanks, “Dr. G.”

Intuition will not prevent a lawsuit

If you ask a labor lawyer or private investigator about the wisdom of relying on intuition — a gut feeling — in making a hiring decision, expect an identical response.

We did just that, speaking with Franklin, Tennessee-based attorney Jennifer Lankford and private investigator Riley Parker of Santa Maria, California. Lankford’s specialty is employment law. She is also a seminar leader for the National Business Institute, one of the nation’s largest providers of continuing legal education.

“Dr. G should listen to his wife. It is indeed a different America with larger risks to employers today — especially in the health care field. Those risks didn’t exist when he began his practice. A good feeling about a job applicant is fine, but it’s only a beginning. Your reader has been very lucky,” Parker observes.

“Mrs. G is absolutely correct,” commented Lankford, adding, “Employers who fail to conduct thorough background checks are inviting trouble, citing types of lawsuits which, many employers have never heard of, resulting in large jury-verdict awards.” They include:

Negligent hiring:

“This is a claim against an employer by an injured party where the employer knew or should have known about an employee’s background which would have shown that person to be dangerous, untrustworthy or otherwise unfit for the job and therefore not hired.

“Lawsuits based on Negligent Hiring arise when an employee commits a criminal act, for example, DUI, theft, assault or, identity theft and it is discovered that a simple background check would have revealed factors questioning the person’s suitability for the position.

Negligent retention and supervision

“For the safety of other employees and customers, management cannot turn a blind eye to unfit employees. Upon learning that an employee might have a problem that interferes with the job and/or the welfare of co-workers, there is an obligation of immediately conducting an investigation and then, if warranted, to take corrective action, such as training, reassignment or termination.

“When steps are not taken to protect other employees or the public and harm results, the employer could be found responsible,” she cautions.

Be wary of online services — Use a consumer reporting agency

And just what are the steps which all employers — that’s right, all employers — need to take?

The common sense answer is to run a background on anyone applying for a job. But there are background checks and real background checks.

The old saying, “If a job is worth doing, it’s worth doing right,” applies here. False economy at this stage — being a cheapskate — can get you sued, as we learned.

The Internet is filled with ads claiming to “Find Out Anything About Anybody for $25.” Is it possible to do an adequate background search this way on a job applicant? Are they worth it? Or, could using one of these sites get you into trouble?

Both Parker and Lankford issued cautionary warnings about many of these services:

“You just can’t find everything online,” Parker stressed. “Many counties do not provide civil or criminal case information to the major, professional data reporting services, and it often takes a visit to the courthouse to examine court files. Without feet on the ground, an enormous amount of information might be missed.”

“The fine print — Terms and Conditions — of many sites admit that they are not Consumer Reporting Agencies and that your results do not comply with the Federal Fair Credit Reporting Act and cannot be used for employment purposes!

“But who reads the fine print?” Parker correctly asks.

Lankford agrees, pointing out “serious, potential violations of federal and state discrimination laws which many employers are often completely unaware of when evaluating job applicants in house or using a service which is not a Consumer Reporting Agency.”

So your applicant was a gang member and spent time in the joint for bank robbery but wants to work in your ice cream shop. Certainly you can refuse to hire her, or can you?

We’ve got the scoop for you, next time. 

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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An attorney you have been referred to is aware that no provable, underlying reason to file that suit exists, yet states, “They aren’t going to want to spend money on defending it, and will pay us to go away.”

Just how much trouble could you be in if the defendant takes the case to trial and you lose? What impact can a baseless lawsuit have on your life?

Purchased 2011 Nissan Leaf from a pawn shop

In December of 2016 “Teddy” purchased an all-electric 2011 Nissan Leaf “as is” from a pawn shop for $6,000.

Asking no questions about the vehicle – you read correctly, no questions about the vehicle at all, none, zip, nada — Teddy used his debit card to make one cash payment and the car was delivered the next day to him in a Southern California city where summer temperatures can reach 115 degrees.

“When the Leaf arrived and I began to drive it, the power gauge revealed my battery to be very weak. I called the seller, explaining that something was wrong, but they told me the car was purchased with no warranty. That was when my nightmare started,” he told us.

You might be thinking, “Well, surely he did some research on the vehicle before buying it, right?” Wrong. For if Teddy had performed any kind of due diligence before saying goodbye to $6,000, he would have discovered that in 2013 Leaf batteries began to fail in hot climates and were replaced with one more heat tolerant. The car was also the subject of a major class action against Nissan.

He would have learned that, for a while, Nissan was offering owners a replacement battery and extended favorable pricing of a new, improved one for several years.

Had he taken the vehicle to a Nissan dealer to be inspected, he would also have been told that by 2016 it would cost him $8,000 to buy a new battery.

So why did he not? Famous last words: “The price was great!”

Looking for someone to blame, the legal insurance program offered by his employer referred him to attorney “Elliot.”

“We’ll sue for misrepresentation!”

In their first meeting, Elliott confirmed that his fees would be paid by the legal insurance and off to the races he went, soon billing $10,000, filing suit against the pawn shop in early 2017 and leaving Teddy with the impression that, even if the seller had made no misleading statements – and had no reason to know of the Leaf’s condition — they would settle instead of defending the baseless suit.

Then, the attorney had no further communication with Teddy who was referred to our office by his legal insurance, bringing “The only thing Elliot’s office had in my file – a copy of the five-page lawsuit.”

Searching his county’s Superior Court’s website, we found the suit, as well as the fact that his lawyer was fined by the court for refusing to appear at a Show Cause Hearing. He did not have the lawsuit served on the defendant and ignored a court order to do so. This guy’s online reviews should have scared Teddy away, but once again, he did no research.

“Teddy,” we asked, “How could you go along with this if you knew the seller did nothing wrong?” “I trusted the lawyer, thinking he knew more than me. I mean, he’s a lawyer, after all! I just wanted my money back.”

Lacking probable cause can lead to malicious prosecution

Before a lawsuit is filed, the person bringing it and their lawyer must have reasonable grounds –probable cause – to think it is legitimate and has a chance of winning. When you know that probable cause does not exist, this is Malicious Prosecution.

If a suit is filed in bad faith where your purpose is to extort money from the defendant, we call this Abuse of Process.

The consequences for Teddy could be serious if the matter went to court and he lost, as the pawn shop could recover their attorney fees from him.

Employment background check would discover the suit

“When the suit is discovered in an employment background check, any employer would question his lack of good judgment and apparent immaturity in failing to exercise due diligence before buying the vehicle,” Santa-Maria, California-based private investigator Riley Parker commented.

He concluded, “Teddy bought a pig in a poke, got into a mess and his solution is to sue somebody. Would you want someone like this working in your company?”

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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January 19, 2026  • By Dennis Beaver

If you’re looking to retain an attorney, you might have heard: “Check their state bar’s website profile, because it will reveal anything negative.”

That is bad advice.

While it’s useful to look at a lawyer’s profile to confirm that they’re licensed to practice law, if there are complaints filed by dozens of clients over several years, you might never see them. Besides that, the absence of bad stuff on their profile is no assurance that you are dealing with an ethical attorney.

Please take a moment and read my article Why a Law Firm Secretly Recording Client Conversations Is Wrong (and Illegal), written last year, and ask yourself, “Would I hire this attorney?”

That story led to dozens of comments from lawyers and law professors across the country who felt this conduct would certainly lead to discipline by the State Bar of California.

Despite the incident being a monumental invasion of privacy and violation of criminal law, the bar decided the lawyer had been “negligent” and dropped the matter.

But negligence is not a defense to what happened. And I feel compelled to point out this is not a unique situation either, as the California bar has a poor reputation when it comes to attorney discipline.

State bar attorney profiles significantly understate real problems

State bar attorney profiles are generally thought of as a first line of consumer protection. Most people researching an attorney would expect it to help evaluate a lawyer’s competence, integrity, honesty and history of misconduct.

In reality, while formal discipline — suspensions and disbarments — will appear, you will not see:

• Complaints that were dismissed or quietly closed

• Complaints resolved through informal admonitions

• Malpractice claims that were confidentially settled

• Court rulings or comments from judges

• Repetitive complaints showing a lack of communication (“My lawyer never returns my calls.”)

Data collected by the American Bar Association and Florida Atlantic University found that some states do an excellent job with attorney discipline, while others — lacking staff resources for proper investigations — continue to permit incompetents and crooks to practice law.

Therefore, you’ve got to go beyond a state bar profile when you’re looking to hire a particular attorney. There are several lawyer review sites. Lawyers.com, Martindale-Hubbell and Avvo provide peer and limited client comments, but you won’t see “tell it like it is” forums for clients.

Google, including Google Reviews, and Yelp perform those important functions, providing the answers to questions you might have, such as, “What do clients say about this lawyer?” and “Are there red flags?”

Here are some steps you can take to explore a lawyer’s reputation with clients.

1. Begin your search with Google, typing into the search bar: (name of attorney) and then add each of these search terms (do the search for each term separately):

• Sued for malpractice

• Sanctioned

• Debt

• Complaint

• Suspended

• Disbarred

• Client fee dispute

Also, look for news articles or television stories. You might even ask AI what it thinks, though be careful to ensure the information shared is accurate.

2. Next, read Yelp comments, beginning with the one- and two-star reviews. While the four- and five-star comments will be interesting, even though it is illegal to falsify glowing praise, some lawyers are just like Jim Carey’s character in the film Liar, Liar.
Red flags to watch for include comments such as:

• Could never get the lawyer to call me back.

• No one knew a thing about my accident case.

• They ask clients for five-star reviews in exchange for gift cards.

• They raised their percentage from one-third to 50% without my approval, and we never went to court.

If you’re researching personal injury or sue-your-boss firms that advertise often on TV, online or on the sides of buses, look for comments such as the following that show up repeatedly over a span of years:

• Worst mistake I made in my life.

• Good luck to anybody seeking help from them.

• Unprofessional. Wish I never walked into their office.

• Their retainer, I learned later, violated my state’s law.

• Also, watch for comments about poor office management, such as:

Their bill was impossible to understand, and no one would explain it to me, but threatened collection action if I did not pay at once.

I paid the retainer, but no one called me to arrange an office meeting.

The lawyer failed to tell his new receptionist to not accept rent payments in an eviction case, so now we have to refile all sorts of papers.

3. Check local court records to see what might not be covered in reviews. Has the lawyer been sued for malpractice? What was alleged? Was there a settlement? How much?

Has the attorney been sued often for stupid things, like not paying the rent or the company that repairs office equipment or even paying employees their wages? People are consistent, and you don’t need that craziness.

Also, has the attorney filed suit against former clients for past-due fees? If yes, and the amount would awaken you from a coma, then you have to wonder: “How could a lawyer let a bill get so far past due?” That might suggest a lack of responsibility, and if so, do you want someone like that to handle your case?
Attorney malpractice insurance companies strongly advise against suing former clients for fees, as, typically, the client then sues the lawyer for malpractice.

4. Ask around. If you have a court case and know someone who works in your local sheriff’s department, ask if they know a court bailiff who would be able to share their assessment of the lawyer.

5. Once you get to the interview phase, watch for more red flags. If the lawyer says, “I can guarantee we will win,” run the other way. It is illegal for a lawyer to guarantee a result.

If you can’t get a reasonable answer to, “How much will you be charging me?” find someone who became a lawyer to help clients rather than think only of their bank balance.

You might also want to read my previous article, Need to Hire a Lawyer? Why Local is Best, for more advice on finding a good attorney.

Dennis Beaver Practices law in Bakersfield and welcomes comments and questions from readers,
which may be faxed to (661) 323-7993,
or e-mailed to Lagombeaver1 – at – Gmail.com.

The post Beyond the Bar: Your 5-Step Guide to Discovering Whether a Lawyer Is Shady appeared first on Dennis Beaver.

If you are an employer presently using, or considering using the services of an employment agency, our story today could save you hours of wasted time, embarrassment, theft or worse, and we begin with this question:

When an employment agency sends you a job applicant’s resume, you can assume that they have done an adequate background check and verified information stated on the resume. True or false?

“David” is an attorney in Central California and a longtime reader. He learned the answer to that question soon after speaking with a “counselor” from a local branch of a nationwide employment agency about his need for a part-time receptionist with general office skills.

“I made it clear that I did not need a legal secretary or a paralegal, just someone who had good general office skills, to work afternoons.”

Two days later, the employment counselor phoned, stating that she had “the perfect candidate” and emailed Amy’s impressive resume.

“It was indeed impressive, far more than I had expected or requested, and as a former Deputy D.A. specializing in fraud cases, it immediately set off alarm bells,” David told us.

“Under ‘Education,’ Amy stated that she was a student at Western State College of Law in Fullerton from September 2011 to the present; both her law degree and criminal law certification was anticipated in May 2015.

“What first came to mind was, how could anyone be a full-time law student and work at a distance of four hours from her school? While Western State is fully accredited and does have an evening program, it would be impossible for Amy to make it to class on time, given the distance.

“And a criminal law certification?  For that, you have to be in law practice for years and pass a really tough exam,” David pointed out.

Applicant admits to lying

His curiosity awakened, David called the employment counselor, discussed his concerns, and asked for an explanation as well as to have Amy phone. Later, the counselor informed him, “Amy told me she is in their online program.”

He next called Western State, only to discover that they do not have an online program.

“Minutes later, Amy called and admitted to now being enrolled at some unaccredited, online law school. When I asked her about certain well-known historically important cases which any first-year law student would be aware of, she had never heard of them.

“Amy poured out her life story; she had to return home to take care of her three children and was on state disability because ‘One morning I woke up and my legs were paralyzed. The doctors don’t know why,’ she told me, ‘but it comes and goes.’

“Apparently, just like her honesty,” David added.

“Dennis, I wasted a great deal of time attempting to verify what her resume claimed. The employment agency sent me this ‘perfect candidate’ without validating anything on her resume and they finally admitted it. It seems clear that if you trust someone an employment agency sends as having been vetted, you could be inviting real trouble.  Is mine a common experience?”

Due diligence and most employment agencies do not go hand in hand

“With the exception of companies that specialize in health care or law enforcement, rarely do employment agencies, headhunters or ‘recruiters’ perform any due diligence background screening other than perhaps a telephone call to confirm the last employment,” Santa Maria-based private detective Riley Parker told You and the Law.

Parker agrees that potential employers often assume that resumes sent to them by an employment agency have been verified, but stressed that most agencies:

• Do not run Social Security number traces in order to determine known alias names or additional counties/states of residence.

• Do not research criminal records or arrest history.

• Do not research civil records, which could divulge prior litigation against former or present employers.

• Do not research family law records, which would reveal the presence of domestic violence restraining orders.

• Do not research federal records that could reveal bankruptcies or federal criminal records.

Parker cautions all employers:

“Before reaching a decision to hire, employers should insist upon a full-blown pre-employment screening by a member of the National Association of Professional Background Screeners. It will usually cost less than one day’s pay and could save you a fortune.”

But you probably are wondering if the employment agency owes David for his lost time.

And what happens if an employment agency advertises that it does perform due diligence background checks, you hire the person they’ve referred, and they turn out to be one costly nightmare because no adequate check was ever done?

We’ll have the answers next time.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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If you have been thinking about getting into the food truck or trailer business, then today’s story will cause your blood to boil when you see what happened to our readers “Denzel” and “Leila,” who reside in Southern California. All names that appear in this story have been changed.

Both are Black, and their race is central to what makes this story so upsetting, so sad. But race aside, what happened to them could happen to anyone tangling with a con. The couple learned the consequences of thinking there was no need to consult with an attorney, do background research on the seller or discover the red flags of food truck and trailer sales.

Plan ‘B’ in their Lives

They married right after graduating from high school, raised three kids who are now adults, and have always been employed, Denzel in construction, and Leila as a cook in family-run restaurants.

“We thought about opening our own small diner or Southern-style fish restaurant, but when adding up all the expenses, realized there was just no way. So, this left two choices: a food truck or trailer,” Leila explained.

Significant Cost Differences

“Expect to pay $100,000 to $175,000 and up for a new food truck. Used – you’re looking at from $60,000 to $100,000, and then consider repairs or state required upgrades,” says Elma Eaton, CEO of Lake Elsinore-based California Cart Builder – in business for over 22 years.

“However, ‘Food Trailers,’ also known as ‘Concession Trailers’ range from $20,000 to $120,000, or more, based on the equipment installed. Often fire marshal requirements do not allow food trucks at certain events, while concession trailers are permitted. For a mom and pop business they can be ideal.”

Found His Website

“We were searching for a nearby company that could build a trailer for us and found ‘Jay’s Discount Food Trucks and Trailers’ beautiful website, that had several highly positive reviews which described both him and his business in terms that spelled confidence and competence.

“We met Jay at the business on Jan. 26, 2021 and were impressed. He said that we would be taken care of just like family as we are all brothers and sisters.”

The couple were on the road to becoming victims of “Affinity Fraud,” in which a con artist targets members of an identifiable group based on things such as age, religion and race.

Promised Completion Date

“That same day, we agreed to pay him $35,000 for a 14-foot trailer which would be in compliance with our county’s health department requirements and delivered, ready to operate on 4/30/21. We gave him the initial down payment of $8,500 and two additional payments in February in the same amount.

“It is now 4/27/22 and we do not have our trailer. He continues to avoid our phone calls and makes up lies and excuses. He sent us the pink slip to an incomplete trailer and we had to insure it!”

“Who Wants to Know?”

I wanted to speak with Jay and phoned his office. A gruff voice answered. “Yo!” “Hi, may I please speak with Jay? Is this Jay?” I asked. “Who wants to know?” was the response in a menacing tone.

“Yeah, it’s you Jay,” I replied. He hung up.

It took me less than five minutes to find a lawsuit filed against him in February of 2019 for breach of contract and theft. It stemmed from his August 2018 agreement to deliver a fully operational trailer to a couple within five weeks. They paid close to $17,000 in advance but Jay never completed the job.

I called his victim’s attorney. Now, litigation attorneys tend to have very thick skin, and it is rare to speak with one who shows their feelings, but that was how this couple’s lawyer reacted, sad and angry at what Jay was doing.

“He victimizes the Black community with promises of building food trucks and trailers, saying that he wants to help them establish their own business, but steals their money instead,” the attorney said, adding, “and his lawyer is one nasty, scary guy, so if you do talk with him, be warned.”

He was right. I called Jay’s lawyer and asked for permission to interview his client to get his side of the story. My newspapers will not print the language he used.

If They Had Only Searched Online

My readers admitted to having been so completely charmed by Jay that the need to do any background research didn’t occur to them. But if they had, and had found this post by “L,” things might have been so different:

“Jay stole $20,000 from me – don’t do business with him – BEWARE!!”

In a future article, we are going to take an in-depth look at the red flags anyone interested in buying a food truck or trailer needs to know. Elma points out:

“We have had people call us crying, relating the same kinds of things that happened to your readers, so you’ve got to do your homework and not be influenced by someone charming.”

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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Today’s story will be of special interest to dentists, beginning with these two questions:

–Why are dentists more likely than most other health care professionals to become victims of theft and embezzlement by a trusted employee?

–From theft by employees, how much does the dental profession lose a year?

Just ask David Harris of Prosperident those questions. As president and CEO of Prosperident, he has seen his company grow to become world’s largest firm investigating financial crimes committed against general dentists and dental specialists.

“In addition to other significant sources of loss, the bill for dental employee theft runs up to a staggering half a billion dollars a year from embezzlement alone.

“In large part, it is explained by that wonderful quality dentists have which patients, staff, and their colleagues so appreciate, which is also a giant trap: Trust. A great deal of this theft could be avoided had the dentist been much more careful in the hiring process,” he points out,” adding, “The mistakes made by dentists are not unique to this profession, but affect many businesses.”

“Fixer of Teeth – Not a Business Owner”

My law practice has a number of physicians and dentists as clients and all of them share two qualities: Their full time job is the delivery of health care, or, “Fixer of Teeth, Restorer of Smiles,” as Harris relates the way dentists describe what they do.

“As most dentists did not choose a career to be business owners, unlike the person who owns a restaurant, where they see their job as running a restaurant. To dentists, business ownership is the unwelcome tag-along.”

So, as you will see, the combination of Trust in what they are told as part of the dentist’s DNA, and often not really enjoying the business aspects of a dental office, leads to a series of mistakes in hiring – costly mistakes.

First Mistake – Failure to Realize the Number of Bad People Out There

How many people do you think have a criminal record in the United States? 10 million? 20 million? 40 million? More?
“The first mistake dentists make is to not to realize the number of bad people out there.

60 million Americans have criminal records – that is, 1 in 4 adults have a rap sheet. And in most cases, when dentists hire they are not aware the chances are this person has a criminal record.

“Merely having a record does not make an applicant un-hirable, but as dental employees often work with money and children, their background can and should be looked into deeply.

“But proper background checks are not being done, and it is a mistake to view a background check with a criminal records check interchangeably. A criminal records check is a sub-set of a background check, an important one, but a background check is much broader and would include such things as drug testing,” he explained.

But what if nothing shows up on a criminal records check? Is it safe to hire that person?

“Not yet,’ says Harris. “It could take months for a recent one to show up. You must look in other places, because if they have a tainted past, they are taking steps to conceal it.”

He outlines how a bad apple can camouflage reality:

“You are given the name of a former employer who you phone – but you could be talking to anyone on the planet. Applicants often omit certain jobs they have had because you will not hear good things, or say:

‘Do not contact my current employer. My boss doesn’t know I am leaving so please don’t call him.’

“What this could mean is that I was fired and do not want you to learn this, so by saying, ‘Please do not call my employer,’ you will not discover that they were fired for theft. But it could be a legitimate request, and so your response should be:

“We do not hire anyone without contacting the most recent employer. The job offer is contingent on speaking with your current employer, and receiving a positive recommendation.”

Finally, Harris observes that, “Unemployment in the United States is at an historic low right now. In the minds of people hiring, as the pool of available candidates is small, they do not see the value in doing much scrutiny. This can be penny wise pound foolish thinking, as the damage an unsuitable employee can do to any business is huge.”

Lawyers know that health care professionals take what people say to them at face value, tending to be on the extreme end of trusting. They have a code of honesty in dealing with each other for the benefit of the patient.

And that is often a problem.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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March 5, 2016 • By Dennis Beaver

An increasing number of Americans today are online daters and many of us know someone who has found a spouse or is in a long-term relationship which began this way.

Washington, D.C.,-based Pew Research Center released a study finding that “Attitudes towards online dating are becoming more positive over time, but a significant percentage of the public views it skeptically.”

Santa Maria-based private detective Riley Parker agrees, and cautions that, “Before online transitions to going out on a real date, this is where you must be skeptical because you may not yet know who that person is in fact, only who they claim to be. As this is not like old-fashioned dating, you likely don’t know a thing about them with any degree of certainty. That means, you are at risk, emotionally, physically and financially.”

We asked Parker if he felt that dating — and establishing a relationship — was safer before the age of internet dating websites. “Yes, absolutely,” he replied, explaining two major differences in dating then and now.

“Then much of the risk in meeting the wrong kind of person had already been greatly reduced; You might have been classmates in high school or university, went to the same church, worked together, had the same hobby, and knew each other as friends well before any romantic interest developed.”

“However, the single most important difference today is the absence of friends who knew you both — and made the introduction. In modern terms, they had done the ‘vetting processes.” Interestingly, while private invetigators have always done backgrounds, before internet dating, it was rare to he hired to learn most of the things about a person that their friends, family and acquaintances already knew — and had communicated.

Today just about everyone has an online presence, “Which,” Parker observes, “is a door to discovery of what you want to know, and in some cases — if you’ve gotten too deep — what you wish had not learned. Often, the most challenging part of your research is in having proof of identity.

“Information contained in a passport, drivers license, the name on a business or credit card helps — but might not be conclusive — in establishing that the person’s real name. With what you have, the next steps are to:

Research their online presence using social media sites such as Facebook, Twitter, LinkedIn and others;

Observe how they conduct themselves with other people;

Learn who are their friends and contacts, both personal and professional.

But what if there are lingering doubts and you’re just not completely satisfied this person is who they claim to be?

“Then, research becomes even more personal, as you will need to contact some of these people yourself, or hire someone to determine who that person really is,” he notes.

“A Google search should reveal news stories, papers or articles they might have published, validate their educational claims and occupation, boards they sit on — in short, what they have done, where they’ve been, and likely, what others say about them. This will also help to locate family members — which is another area worthy of looking into if this relationship could become serious. Who and where are they? What are their occupations? Do they have a relationship with this person?”

Internet ads offer background and court record checks “In All 50 States.” But they can easily give a false sense of security if nothing negative show up, as Parker explains:

“None of the public access databases are accurate. More than half of the 44,000 courts in the United States do not report information to any data repository. In California, less than half of the 58 counties have ANY information available online.

“If you want to know if “J. Golo” has a record in Kings County, owns a home or homes, you probably need to know that his real name is “Jig Oh Low,” otherwise your research will fail.

“And if you want to know if he has a criminal record in San Luis Obispo County, you will need to hire a person to do that research. If your boyfriend was arrested there for spousal abuse, then you better know that “Oh” is his middle name and not try to find him unless you start with his correct first name.”

“A proper background, conducted by a licensed private investigator, has access to non-public data bases and sends investigators to actually search court records. The cost runs from $1,500 to $2,500,” Parker tells You and the Law.

That’s cheaper than a hospital bill or a cleaned out bank account.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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Are there steps that employers can take which will help reduce the chances of becoming the victim of embezzlement by employees? The answer, which comes to us from the far off Canadian city of Halifax, is a qualified yes, and as you will see, requires, initially, that employers adopt a different attitude about trust.

David Harris knows a lot about employers, trust and employees who steal. As Chief Executive Officer of Prosperident, the world’s largest firm specializing in the investigation of financial crimes committed against dentists, he understands the way human nature gives criminals an advantage: “It is the failure to revisit the trust placed in your employees.”

The decision to trust is reached in seconds – and is rarely examined later

Harris observes that when we first meet someone, “The decision to trust is made early in the relationship. Research shows it is the product of our brain reaching that conclusion based on rapid comparisons to other people we have met and trusted.

“And most of the time, day in and day out, as things in the office go along smoothly, the decision to trust remains permanent. We never again ask, ‘Can I trust Peggy?’

Harris is a captivating seminar leader, so for a moment, picture yourself listening attentively, when grabs your full attention by saying:

“I do not care how impressed you were with Peggy when she was first hired. Ask yourself, ‘While initially I trusted her, does that trust merit being re-examined as opposed to being something permanent which will not change, no matter what?”

You are thinking, “That never occurred to me. Why should I suddenly doubt Peggy? She’s been with me all these years.”Then he explains why you must question the basis for your continued trust in Peggy and why blind trust is so dangerous:

“The fact that you trusted an employee ten years ago does not mean that you should blindly trust them today. You absolutely must ask:

1. Has Peggy’s living situation changed?

2. Is she in financial trouble?

3. Has she developed an addiction to drugs, gambling, or does she have family members hitting on her for money?

If she does, how could that impact my business?”

Emotionally viewing employees as furniture

Harris finds that, “Employers, in general, do not know their staff well enough. Emotionally they see them as furniture, not noticing much about their personal lives. They are often in the dark as to an employee’s financial circumstances or other issues which could threaten the business if this person decided to steal.”

So, how can an employer get to better know employees without prying into personal things?

“I tell dentists that getting to know your staff better is a realization that this is a whole person and not just two arms that hand me instruments. Understanding what makes your employees tick is essential to being a good employer. You should know why they got into this field, and what they like and do not like about their job. That’s a vital part of being their boss.

“This isn’t intrusive,” Harris maintains, adding, “You need to engage in meaningful conversation. I find that many employers are not good active listeners.”

Hire carefully – stop it at the door

Harris believes strongly that the best way for any employer to minimize theft is to “Stop it at the door through your hiring process.”
He notes that “65 million Americans have a criminal record. That’s one in four adults. Add to that the fact that between 40 and 70% of resumes have some amount of misleading information, it is clear that hiring is a potential minefield.”

We all know that applying for a job at FedEx requires a drug test, but as Harris observes, “Most dental offices do not require a drug test, nor do they run adequate background checks. It simply does not occur to many employers that someone will lie on an application to hide an unsavory past.

“The last step in the hiring process must include criminal records check, performed not by some twenty dollar, online website, but by a professional service,” he strongly recommends.

No one is bulletproof

Can any employer become “bulletproof?” David Harris provides the answer:

“There are employers who believe that something in their circumstances makes them bulletproof. A classic example is thinking, ‘This is a big city problem, but I am safe because I live in a small town.’

“However, embezzlers do not think the same way.”

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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Last week we told you about the surprise awaiting church members when their newly hired pastor gave his first sermon.

“It wasn’t just that it lasted over two hours and the guy could not stop talking, or that he screamed at any church employee with even a slightly different opinion than his. But learning he had done time for embezzlement, writing bad checks and spousal abuse — that’s what did it!” wrote church elder Mack.

“But none of this — in addition to him and his wife being sued all over the country — none of this showed up with the online background search we did on him. For $20, the website promised to find out anything bad on anyone, and claimed to use ‘reliable nationwide databases, ideal for a pre-employment background check, providing results in just a few hours.’”

When a private investigator was hired — and paid $150 — to do a real background search, the true picture of their new pastor emerged, requiring four days to obtain that information.

“I thought that we have an inter-connected world, with data about everyone accessible at the push of a button. How could these results be so different?” our reader asked.

There is no central criminal record database

“You cannot rely on online data alone to present a complete picture,” private investigator Jane Parker tells You and the Law. As research administrator for Southern California based Pre-Employment Profiles, her company is often contacted in situations where an online background search has been conducted, the applicant hired, “and then things just do not add up.”

“Some web-based background research companies advertise ‘We check nationwide criminal files.’ But there’s a problem with that statement,” she stated.

“There is no such thing! A nationwide central database containing up-to-date records regarding a person’s criminal history does not exist. Especially in California, there is a mountain of information that never gets reported to the commonly accessed databases used by both law enforcement and background search companies.

“Of the 58 counties in California, less than half make their criminal records available to online data providers. So, depending upon the county where the activity took place, someone could have been in and out of jail their entire life, yet would look clean on many web based searches.

“Across the country, less than 40 percent of courts file reports with the major databases. That is scary, resulting in people getting jobs where they do not belong. As an example, consider this case:

“After consuming his daily two bottles of vodka, Jim beats the living daylights out of his wife, is arrested, but as sadly happens way too often, the D.A. drops the case at her tearful request and Gentle Jim returns home. An online criminal records check reveals no reportable criminal convictions; therefore Jim gets hired to work as a clerk at a liquor store, and within a week on the job, goes ballistic, tossing bottles of his beverage of choice at a customer, who then files a suit against the employer, alleging negligent hiring.

“A thorough background check includes criminal and civil court records. Here it would have uncovered multiple restraining orders filed against Jim by other individuals who also experienced his uncontrolled temper.”

How to find a competent background screener

“Good background screening firms dig far deeper than any online-only company by sending researchers to the courts to discover additional and verify records found online. Credible services are being performed by state-licensed private investigators and specialty research firms, but you must ask if they follow state and federal requirements from an alphabet soup of agencies, including the EEOC, FCRA, and the NLRB.

“The National Association of Professional Background Screeners lists qualified companies across America, and their website has a great deal of useful information,” Parker notes.

“Any company promising to have the report done in a few hours is highly suspicious,” Parker warns, adding, “It can take several days.”

“Pre-employment screening requires very specific releases and notices for the applicant. A competent firm will provide these documents and train the employer to insure compliance with applicable state and federal regulations.

“The more information provided, the more accurate will be the results. This means full names, social security numbers, driver’s license numbers, current and previous residences — just as much as possible,” Parker concluded.

In our view, a thorough background check is an investment — perhaps a day’s wages for that employee — just one day’s wages, keeping danger and dishonesty far away.

And should the “job” involve saying “I do,” then these wonderful words need to be stated twice — the first time to the background search company, when their representative asks, “Do you want us to do a background on your future spouse?”

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

The post It’s dangerous to trust an online background search appeared first on Dennis Beaver.

“Two of my employees were involved in an auto accident that was not their fault. They were about to hire an out-of-town law firm that advertises heavily on television because the attorney in the commercials is a big fan of the same football team they are!

“I told them that’s not a sound basis to retain a lawyer, and to stay local, as our town has many good attorneys. Also, I had them read your December, 2020 article, “Could Your Lawyer Have Cheated You on Your Bill,” which described illegal charges by a TV-advertising, personal injury law firm hundreds of miles away from where your reader lived.

“But they would not listen me, hired them despite horrible Yelp reviews, and now have large unpaid medical bills! Dennis, an article explaining why it is a good idea to hire a lawyer who actually lives in your town would help a lot of people.”

“Fight for You Rights” TV Commercials

We’ve all seen television ads for personal injury and workers compensation law firms that say things like, “We fight for your rights!” What they do not tell you is that hiring one could be the worst legal mistake of your life.

The California State Bar is investigating the fraudulent billing practices of the law firm in my December 2020 article – and they are one of many law firms I am aware of who illegally charge for expenses that the lawyers never incur.

So, Why Stay Local?

I spoke with Bakersfield attorney David Cohn, in practice over 40 years, and considered one of the most accomplished personal injury trial attorneys in the United States. He outlined the risks in hiring a lawyer based on snazzy television commercials.

“In so many instances, the TV ads make it look like the lawyer is local, but that’s deceiving. Many are personal injury mills with a local phone number, and even a local office address. But drop in and you will never find an attorney. You will almost never meet the lawyer in person, only office staff.

“So, you see their commercial, phone, overcomes an investigator who signs you up, and immediately they send you to their out-of-town doctors just to build up huge, unnecessary medical bills in the hopes of a large settlement which seldom occurs. And, you could be left with unpaid bills. I see this often.” Cohn points out, adding:

“When their dissatisfied clients come to us, we often find medical bills that are 10 times what is normal! Clients have no idea what they have gotten themselves into.”

One of the dirty little secrets of these personal injury mills – who spend millions on television advertising – is something clients are also unaware of: “They do not have your best interest in mind and do not ‘fight’ for top dollar! All they want is a quick settlement.”

The TV ads give the impression that the lawyer you see in the commercial —who you will likely never meet — is handling your case. But Cohn notes:

“In reality, it’s an administrative assistant, not an attorney! They take any accident case and hope for one with significant injuries which they broker to a trial lawyer–for a large referral fee — because the lawyers who run these firms don’t try cases!”

Will Your Lawyer Actually Go Court?

In spite of what we see on television and in the movies, few lawyers go to court. Very few personal injury lawyers have ever tried a case. But, does it really matter? And, if it is true that most personal injury cases settle before trial, should it matter at all where my lawyer is located?

You bet it does!

Cohn explains why it is so critical – even for what may seem to be a ‘simple’ case that you would never expect to wind up in court – to be represented by local counsel who are real trial attorneys – who will try a case.

“Insurance companies know which lawyers will go to court and ‘TV’ lawyers who just settle a case without going the extra mile for the client. This allows the company to settle your case for far less — often thousands of dollars less — than what is fair.”

And if your case has to go to trial?

“You want a local law firm that tries cases, knows and is known by the judges in your community, not someone the TV law firm found because they aren’t able to provide their clients with competent professional service,” Cohn underscsores.

And Before You Hire the Attorney …

Cohn lists these five important steps before retaining a lawyer.

(1) Research and find out as much as you can about the attorney.

(2) Is that lawyer local?

(3) Does that lawyer try cases in court?

(4) What is their success rate?

(5) Go to your State Bar’s website to find out of that lawyer has had any disciplinary issues.

Concluding our interview, I asked, “What has given you the greatest satisfaction from your long career in law?”

“It is doing the best I can to make my clients as whole as possible. That’s my job, but, Dennis, as corny as this sounds, it’s really more than a job. It is a calling.”

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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