Massachusetts Lawyers Weekly: Employment issues raised by civil suit vs. trash co.: "A $10 million wrongful-death suit brought against the trash company that employed the man accused of murdering fashion writer Christa Worthington is raising significant questions over an employer's use of background checks on potential employees.
Specifically, lawyers said the civil case being brought by the Worthington estate could expand the duty of care business owners — especially those in businesses where client contact is minimal like a trash collection company — owe to customers when owners become aware of a potential employee's past criminal record.
'It's a huge issue,' said Bruce A. Bierhans of Stoughton, who represents the trash company. 'I remember when the lawsuit first came out, I got a lot of calls from trucking companies and trash companies, concerned about whether they had to go out and do background checks on all the guys driving their trucks now.'
Chester L. Tennyson Jr. of Hingham, who represents the Worthington estate, declined to comment due to the pending nature of both the criminal and civil cases.
Although not involved in the suit, Andrew C. Pickett of Boston said the nature of criminal defendant Christopher McCowen's employment would likely prove to be a highly relevant factor in the case.
'If I was arguing on behalf of the employer, I certainly would say, 'Look,"
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