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2 min read

Hidden in plain sight… Could your workers develop new criminal records without your knowledge? 

Thousands of reports of criminal conduct occur each year implicating individuals performing delivery, ride-share, home healthcare and home repair services as the aggressor. In their second US Safety Report released on June 1, 2022, ride-share app provider Uber self-disclosed they received 3,824 reports of incidents involving the most severe categories of sexual assault and misconduct since the release of their first report in 2019. Reports of assault, rape and homicide at the hands of persons engaged in work-related activities are not limited to independent contract workers. Large cable television and internet providers, healthcare facilities, restaurants and more have been the targets of litigation alleging negligence on the part of the employer in cases where employees have engaged in violent criminal acts while at work, often resulting in large settlements or judgments to victims. Organizational harm from employee criminal activity is not limited to violent crimes where the employer is named as a defendant in a resulting civil lawsuit. A recent report indicates 75% of employees admit to stealing from their employer and employee theft costs businesses up to $50 billion annually.  

Most employers today engage in pre-employment or preplacement background screening to aid in protecting their organization, staff and the public at large from harm at the hands of workers with known criminal record history. A comprehensive criminal background check including county criminal and federal criminal records searches in all jurisdictions of residential history plus a search using national criminal database product like AccuSourceHR’s Integrated National Criminal Database is a solid step in mitigating hiring risk associated with employing and contracting with individuals possessing records that would make them unsuitable for specific roles. However, a pre-employment/preplacement background screen is a snapshot in time. It can provide insight into historical records and aid employers in hiring decisions. Unfortunately, employers who only conduct screening pre-hire or placement are often in the dark as to criminal activity post-hire or placement. Some organizations have sought to further minimize risk by engaging in periodic or annual criminal history re-checks. While periodic re-screening is a positive step in protecting their staff, company and customers, it can be cost-prohibitive, time-consuming and ultimately, can result in risk visibility gaps similar to pre-employment background checks as it is still a snapshot in time.  

Recent advances in technology have resulted in the development of continuous criminal record monitoring services that are cost-effective, require minimal administrative effort to manage and afford widespread visibility into developing worker criminal misconduct. Products like AccuSourceHR’s CrimSource Continuous Criminal Monitoring services capture county and federal criminal case filings and convictions in up to 99% of US jurisdictions. Organizations simply enter their target worker populations into a monitoring pool. If a record matching a pool participant’s personal identifying data – first and last name, date of birth, address detail and/or social security number – is identified, the record is confirmed at the direct source (court of record) and once confirmed, the employer is notified. Visibility into developing criminal activity affords the employer the opportunity to take immediate action to investigate further on their own and ultimately, if warranted, to remove the worker from high-risk job duties.  

In many lawsuits alleging employer negligence, the plaintiff’s attorney claims the employer should have known the offender posed an increased risk and failed to take reasonable action to avoid or mitigate that risk. As more employment and contract job duties are now often conducted with minimal direct supervision by employers and more courts offering monitoring and diversion programs in place of incarceration, the odds of a worker recently charged or convicted of a serious crime continuing their employment without the knowledge of their employer is ever-increasing. Continuous criminal monitoring helps employers minimize liability for negligence as they receive near real-time updates on developing cases and convictions, and are better positioned to protect themselves and the public at large.             

Want to learn more about how AccuSourceHR’s CrimSource Continuous Criminal Monitoring services can help your organization save time, reduce labor, and minimize costs while improving overall risk from developing worker criminal activity? Contact us today at