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Patrick Barnett - ArticlesAdvanced Research arsbackgrounds.com is a national provider of employee screening solutions made up of a team of experts in risk management, human resources and legal investigations. Contact us for a free consultation.
Screening Hotel Employees and Psychometric TestingScreening hotel employees should involve a degree of psychometric testing in order to determine if the applicant is suitable for the type of work involved. Background Check TexasAs with any state, if you intend carrying out a background check Texas has its own state laws on what is required. Most of these, however, refer to when checks must be carried out, such as the requirement of the University of Texas Health Science Center that all new students should be subject to a criminal background screening before being admitted. California Background Check ProceduresA California background check is carried out by an employer for a number of reasons, though the major reason is probably the increase in the number of negligent hiring lawsuits being brought before the courts. However, employee screening in California has specific restrictions that all employers should be aware of.
If an employee harms anybody in some way as result of their employment, and it can be shown that the employer could reasonably have been expected to have foreseen the problem, then The Importance of Employment History VerificationEmployment history verification is essential for many reasons. Job applicants may lie on their resume to cover up previous employment problems, and even periods of imprisonment that they obviously do not want to reveal in an application for a new job. You are obliged not only by law, but morally, to make as sure as you possibly can that your employees are not harmed through your employment of an unsuitable candidate. How to Deal With Employee TheftEmployee theft is a very common crime that is not even regarded as a crime by most people who commit it. The taking of the odd pen or few sheets of paper home is regarded as many as being a right rather than as a crime and it is something that even the most senior of managers are guilty of. Employment Screening and Zero Tolerance to ViolenceHave you ever considered how your employment screening policy can be used to reduce workplace violence? Why not try adopting a zero-tolerance approach to violence and workplace theft? This can have a dramatic effect of the attitude of employees and their own rejection of anybody with a violent or aggressive personality. Background Employment Screening and Keeping it LegalThere are numerous legal considerations that should be taken into account when implementing background employment screening as part of your hiring policies. The Federal Credit Reporting Act (FCRA), state statutes, reporting guidelines and applicant disclosures all must be adhered to as part of the process. It's critical to follow these procedures as you don’t want to find yourself in legal troubles.
The FCRA sets forth the guidelines for background investigation companies also known as Consumer Reporting Agencies. Essentially it protects the consumers' right to privacy and fairness when preparing consumer reports on individuals.
State statutes: States often set their own rules pertaining to the use and dissemination of consumer information. What may be allowed as a reportable offense in one state may not be legal in another.
When performing a California background check, the state civil statute (California's Investigative Consumer Reporting Agencies Act) must be followed as there are a variety of restrictions imposed. A misdemeanor marijuana conviction older than 2 years is not reportable and therefore an adverse action decision may not be made based on this offense. Criminal convictions and credit data are not allowed to be reported beyond the 7 year period from the date of disposition. Arrest only records are only deemed reportable if the case is pending but if the arrest did not result in a conviction, it can not be used. An applicant authorization must stipulate that the candidate has a right to request a copy of his or her report.
Consumer notification: Each applicant must be provided a disclosure (prior to initiating a background check) notifying them of their rights including the ability to dispute information.
Pre-adverse action: Prior to making an adverse decision, an applicant must receive a disclosure that outlines "A summary of rights under the fair credit reporting act" and a copy of their consumer report must be provided.
Adverse action: Once a decision has been made to take an adverse action, the applicant must be provided the following:
The name, address and phone number of the consumer reporting agency. A notice of the individual's right to dispute any information they believe to be invalid and his or her right to obtain an additional free copy of the report within 60 days.
Before choosing an outside vendor to conduct your background employment screening, make sure they provide compliance services and adhere to your state statutes otherwise you will be required to apply federal and state law to each and every report that you receive. By hiring a professional screening firm, you can save yourself a lot of headaches! Pre-employment Screening Services and Their Advantage to EmployersProfessional pre-employment screening services are becoming increasingly more crucial to employers,and a failure to implement such background checks could result in serious consequences for your company. Employee Screening - Investigative Techniques to Mitigate Negligent HiringNegligent hiring normally refers to a cause of action in tort law that arises from an employer's obligation not to hire an applicant that may undertake conduct against other individuals or otherwise subject employees or third parties to actions which can create legal liability. Through negligent hiring lawsuits, many employers have been found liable for their failure to perform due diligence resulting in millions of dollars in damages. Conducting proper employee screening goes beyond the criminal background check and taking the appropriate measures prior to hiring will protect and help ensure your organization from potential lawsuits under negligent hiring tort law.
The initial screening process should encompass a variety of measures to protect your company against potential litigation. It’s important to keep in mind that 36% of applicant resumes provide some form of falsified information.
• During the interview process, ask applicant to explain any gaps in employment or education. There are always circumstances that justify gaps in employment, however a lack of reasonable explanation may warrant further investigation as any prolonged absence may be an indication of past incarceration.
• Have applicant provide a written summary of last 7 years of residence and any other names used.
• Obtain a social security trace and cross reference this information with applicant provided written summary. This report will show address history (some potentially not revealed by the applicant), alias and or maiden names. Often a prior address is not disclosed if he or she were convicted of a crime in a past city or county of residence.
• Perform a criminal search based upon every county applicant has resided over the past 7 years. A county criminal report is the most effective search as this information is direct from the source. A true national criminal search is typically only available to law enforcement or in a situation where a state mandate requires that the applicant is subject to an employment background check.
• A search of the national sex offender registry should be completed in addition to the criminal search. Often a sexual offense does not appear in the criminal background report. If the applicant offended in a state or county outside his or her residence the criminal search would not likely reveal this information.
• Obtain a state motor vehicle report whenever the position involves driving in any capacity. This report has valuable information including validity and violations, suspension or DUI related offenses. Understand some applicants may state on their application that they do not have a driver’s license when in fact it is suspended. It’s essential to obtain at least a state issued identification card and perform a search of this identification number.
•Always be consistent with each and every applicant in the hiring process. All applicants should be screened in the same manner and “gut feelings” should never be applied.
Remember the old saying “an ounce of prevention is worth a pound of cure”. An effective pre-employment screening can save your company from huge potential losses simply by performing your due diligence.
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