The lawsuit brings to question the negligent actions in hiring a convicted felon. KMS notes it conducted a background check but failed to act upon references or use a background check to provide any relevant information. The background check offered no relevant information and failed to even shed light on public knowledge, and a history of violent actions-in regards to Dennis Graffice.
Issue: The question in front of the court is to determine whether the defendant acted in negligence by not adhering to a relevant background check, and hiring a convicted felon, with a history of violence. The outcome of the case will determine the need to conduct a valid reliable extensive background check, and whether or not a Business should be held accountable for the actions of employees, be that they have been hired after being convicted felons. The court must decide--in order to side with the plaintiff-- whether or not the employer improperly checked the qualifications and background before the hire date. In the case of KMS Investments, having a convicted felon who acknowledges that he has been convicted should create the need to adhere to further investigations. KMS failed to properly conduct a proper hire, it acted hastily and allowed an individual with glaring flaws to be put into a position where on sound circumstances would not have taken place.