Background Checks Pre-Employment Screening

Reminder: Blog has Moved

2008-04-25T10:18:00.001-04:00

Just a reminder, our blog has moved to http://blog.employeescreen.com

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One last Reminder - Blog has moved!

2008-03-21T13:59:00.001-04:00

Just a reminder, our blog has moved to http://blog.employeescreen.com

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Don't Forget to Update your RSS Feeds - Blog has moved

2008-03-17T19:57:00.001-04:00

Just a reminder, our blog has moved to http://blog.employeescreen.com

Your RSS reader must be updated to:
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employeescreenIQ Launches employeescreen University

2008-03-12T10:34:00.003-04:00

employeescreenIQ is very proud to announce the launch of employeescreen University, a first-of-its-kind online, educational learning resource for human resource, security and risk-management professionals, which features regularly updated, free background-screening information aimed to help organizations make better hiring decisions.

We have been working diligently on this concept for some time now and hope you will take advantage of this free resource. We felt and continue to feel that there is so much misinformation out there about what constitutes an effective background check and how to establish a program that works for each individual organization. employeescreen University is all about educating the marketplace and empowering interested individuals with the information they need to develop an effective screening program. We also welcome your feedback and will tailor the site based on the comments and requests we see.

Official employeescreen University News Release

Please note that if you currently subscribe to this blog you will need to change the feed to http://blog.employeescreen.com/?feed=rss2 For those of you who are interested in subscribing for the first time, you can use the same feed.

Our blog has moved! Please update RSS

2008-03-12T08:07:00.001-04:00

Our blog has moved to blog.employeescreen.com, please update your RSS feeds to: http://blog.employeescreen.com/?feed=rss2

Great ERE Article on Hiring Sales People

2008-03-10T10:25:00.003-04:00

I found a great article posted on ERE about hiring sales people called "Secrets Buried in a Salesperson's Resume" by a gentleman named Lee Salz from a company called Sales Dodo. The story might as well be an advertisement for those in the employment screening industry as it highlights numerous methods for how an organization can effectively authenticate the information provided by sales people in their resumes.

This article Salz writes is by no means groundbreaking, however the information provided is something that should be read and re-read every few months by those that are hiring sales people. While the majority of organizations conduct background checks on their employees and grasp the importance of such, their requirements slip when it comes to hiring sales people. I actually understand the contradiction. Finding qualified sales people seems to be the most difficult position to fill for most organizations. There is so much hit and miss. Organizations want so desperately believe that the person sitting across from them is going to take their company to the next level, that they are blinded by the dollar signs they see in their eyes and forget to verify the information provided to them in a resume.

Remember that a background check that includes employment and education verifications is vital. Reference Interviews should also be considered.

Check out Salz's advice.

Helpful Tool to Identify Fake Academic Credentials

2008-03-07T12:32:00.003-05:00

Diploma Mills are on the rise and chances are you've seen them used on the resumes' of job candidates you have considered for employment. The question is whether you caught it our not. The Federal Trade Commission has published a helpful tool for employers to consult in order to combat fake degrees when performing Education Verifications:

Avoid Fake-Degree Burns By Researching Academic Credentials

Helpful Details Include the Following:

You can use the Internet to check if a school is accredited by a legitimate organization at a new database of accredited academic institutions, posted by the U.S. Department of Education at www.ope.ed.gov/accreditation. (There are a few legitimate institutions that have not pursued accreditation.)

To find out if an accrediting agency is legitimate, check the list of recognized national and regional accrediting agencies maintained by the Council for Higher Education Accreditation at www.chea.org.

Background Screening Incoming College Students

2008-03-06T10:03:00.000-05:00

We are seeing a mountain of advocates supporting the use of background checks on college students in the wake of tragedies at Virginia Tech and Northern Illinois. We are beginning to see evidence of universities at least considering the use of background checks and there is certainly no shortage of articles written on the topic. I found an article entitled “Wanted: Students, not felons” and I want to reiterate something I’ve said in the past: I’m not sure background checks are really going to help in the majority of cases.

Why? Consider that as a generalization, most incoming students are 17-18 years old. Unless they have committed crimes after turning 18 or were tried as adults for crimes committed before the age of 18, criminal records are going to be hard to find. Any juvenile convictions are sealed and cannot be reported. A school then has to ask itself what offenses deem a prospective student unfit to attend their university.

Here’s the deal. I guess as one who advocates the use of background checks in the corporate world, I can’t say that this endeavor would be useless. For there is the chance, that if one student with a violent past is prevented from admission, than the entire expenditure is worth it. I think universities just have to create reasonable expectations for what this will and will not prevent or accomplish.

Assessments & Background Checks Can Allow for More Thorough Hiring Process

2008-03-05T10:01:00.000-05:00

I found this article entitled, “Hiring practices key focus in the wake of scandals” on InvestmentNews.com While it focuses more on psychological assessments than background checks, it does speak to the fact that both tools can provide organizations with tremendous insight into an applicant’s past and their ability to perform in the future. It also provides some great cautionary tales within the financial sector of how failing to perform proper due diligence on job applicant’s can lead to significant loss and can impact your reputation in the marketplace.

employeescreenIQ Exhibiting at SHRM’s Global Forum & Expo

2008-03-05T09:58:00.000-05:00

I wanted to send out a quick reminder that employeescreenIQ will be attending and exhibiting at SHRM’s Global Forum & Exposition at the Boston Marriott Copley Place Hotel in Boston, MA on March 31st and April 1st. Please stop by our booth and say hello if you plan to attend. At the very least, I’m sure we’ll be passing out some free stuff.

employeescreenIQ Receives Award from U.S. National Guard Support Organization

2008-02-28T12:11:00.021-05:00

employeescreenIQ is proud to announce that we have been selected by the Ohio Committee for Employer Support of the Guard and Reserve (ESGR) to receive the Chairman’s Above & Beyond Award. This award honors outstanding employers who have gone above and beyond the requirements of the Uniformed Services Employment and Reemployment Rights Act (USERRA) in the past year.

While we are proud to receive this award, we are most proud of the fact that an employeescreenIQ team member nominated us for this distinction.

See announcement below:
Award Letter

Sage Advice Regarding the Internet & Background Checks

2008-02-19T15:51:00.002-05:00

I stumbled on this blog posting on Entrepreneur.com concerning the use of google to screen employees. I think this is great advice for the most part. The only question I would raise is that even if there was a policy in place for checking on-line information as she suggests, the argument could always be raised that subjective or impressible criteria was used when the adverse decision was made.

Resume Tips

2008-02-19T08:20:00.002-05:00

I noticed a good article today on yahoo's hotjobs site. Desperation Will Doom Your Job Search focuses on what not to do when sending and creating a resume. While most of our articles focus on employment screening, background checks, identity theft and other HR related topics, I felt this was a good opportunity to speak to a different audience, the candidate.

The first tip the article lends to the reader is of course to be truthful, don't lie or fabricate your resume. Most companies will conduct a background check and uncover an untruths you may have lent to your resume. Read this article to see the other three tips it lends to job seekers!

Courts Close for President's Day

2008-02-15T10:33:00.002-05:00

Monday February 18th is President's Day and as such all U.S. Courts are closed. Those conducting county-based criminal background checks should anticipate a one day delay in results.

employeescreenIQ helping those in need!

2008-02-14T16:24:00.002-05:00

The employeescreenIQ philanthropy committee is at it again! I was very impressed when I opened yesterdays edition of the Cleveland Plain Dealer and saw some of our employees on the front page of the Metro Section. Taking a break from doing background checks our team wasFlipping For Food,a fund raiser that we participated in to help raise money for the Cleveland Food Bank.

Pre-Adverse Action Letters

2008-02-14T16:19:00.003-05:00

I got this from the National Association of Professional Background Screeners' (NAPBS) Thursday Letter. It provides some insightful updates on a court ruling that held that an employer can use a blanket or template applicant release and that an employer could refuse to hire anyone that did not agree to provide authorization to conduct a background check. No one should be surprised by these rulings. However, the court did provide some guidance on the use of Pre-Adverse Action letters and the timing employers and CRA's should use when making the ultimate hiring decision. See the excerpt below taken directly from the NAPBS email.

An employer is required to provide a Pre-Adverse Action Letter before taking action against a consumer that is based in whole or in part upon information contained in the consumer report. The unanswered question in the FCRA is: What period of time must lapsed between the sending of the Pre-Adverse Action Letter and the sending the Adverse Action Letter? The FTC has acknowledged that there is no clear standard and that the amount of time that would be reasonable depends upon many factors such as: the nature of the job, how the employer does business etc., but the purpose of this Section is to allow the consumer time to discuss the report with the employer before adverse action is taken. FTC Opinion Letter, Lewis, June 11, 1998.

Normally, a few days should be sufficient for the consumer to inform the prospective employer where he believes the criminal record is not his or other information in the report is inaccurate. The law does not require that the employer do anything with the information the consumer provides, but we hope that the employer will be rationale and listen to the consumer. However, some jobs must be filled immediately or the employer will be damaged, e.g. truck driver is needed to haul a load now and there is no time to investigate the dispute but an employer may work with the consumer for the next available position.

However, a recent case held that time between the Pre-Adverse Action Letter and the Adverse Action Letter should be a sufficient amount of time so that the consumer can receive a copy of his "draft report" and "correct" any inaccuracy in the report before any decision or action is commenced against the consumer. Beverly v. Wal-Mart Stores, Inc., 2008 WL 149032 (E.D.Va.). In support of it's position it cited the case of: Kelchner v. Sycamore Manor Health Center, 305 F.Supp2nd , 429, 435 (M.D. Pa. 2004) for the position that there must be enough time to correct the inaccuracy. However, the court in Kelchner did not say that no adverse action can be taken until a dispute has been resolved. Rather, the Kelchner court simply followed the reasoning of the FTC in the Lewis opinion by stating that only a reasonable time needs to pass between the two letters and that such period would not exceed five (5) days. To be accurate, the Kelchner's court comments are part of what lawyers call "dicta", that is a discussion that has nothing to do with the real issue being decided by the court. The real issues in Kelchner were two fold. The first was whether an employer can use a blanket release for the authorization of consumer reports that extends over the consumer's entire period of employment? The court answered that such releases are permissible. The second issue was whether an employer could refuse to hire someone who would not consent to obtaining a consumer report? Again, the court stated that the employer had this prerogative.

Thus, the court's position in Beverly is not supported by the case it cited but that does not change it's holding that can cause problems for CRAs. In fact, it appears the employer in the case, Wal-Mart, may have attempted to follow the "five (5) day rule" noted in the Kelchner case. Wal-Mart contracted the providing of Adverse Action Letters to it's consumer reporting agency. In this case, the first letter was mailed on September 1, 2005, and the second letter was mailed on September 6, 2005. However, Labor Day fell between these two dates and the consumer received both letters on the same day. The court held that this raised an issue for the jury to determine whether the process complied with the FCRA. One would assume the jury would be instructed that the time necessary would include the concept that the time must allow for the correction of any disputed information. Clearly, five days would often not suffice. If a court file is not available, which happens from time to time, these type of corrections can take considerably longer than five days.

The lesson to be learned in this case is that an automated system that sends out a second letter XXXX days after the first should be flexible to accommodate intervening conditions such as holidays, bad weather etc. and if such occur then the sending of the second letter should be delayed. In this case the Labor Day holiday delayed the delivery of the first letter, essentially depriving the consumer of any pre-adverse action notification. Thus, although the court's interpretation of the FCRA is subject to substantial criticism, the method to supply Pre- Adverse Action and Adverse Action letters is also subject to criticism.

employeescreenIQ Speaking Engagement

2008-02-13T11:50:00.002-05:00

employeescreenIQ President and COO, Jason B. Morris will be speaking at the HR in Hospitality Conference & Expo in Las Vegas, NV at the Wynn Hotel on March 18, 2008. The topic is "Trends in Employment Screening: What Foodservice HR Professionals Need to Know".

Please be sure to stop by if you plan to be in Las Vegas then. We'll look forward to meeting you.

Great Article Found on ERE About Value of Resumes

2008-02-13T10:24:00.003-05:00

ERE published a great article written by Sue Danborn from Volt Workforce Solutions about the diminishing value of a resume entitled The Devalued Currency of Hiring: The Resume. I of course dwelled on the part about employers not knowing what is true, what is stretched truth and what is fabricated. At employeescreenIQ, we find a 56% discrepancy ratio between what an applicant reports and what past employers or educational institutions indicate about that applicant when asked.

I'm certainly not anti-resume, but it is important that those who review them take them with a grain of salt and confirm the details that are provided. Check out Sue's list of 5 Things a Resume Will Not Tell You:

Is the candidate being truthful? A Society for Human Resource Management study of 2.6 million applicants in 2003 found that 53% of their resumes contained omissions or misrepresentations. Bogus degrees and certifications, length of employment, and levels of positions held are all areas that are commonly embellished. Since a resume is not signed like an application, many candidates feel they are just stretching the truth and not breaking the law by doing this. Several states have put through legislation to punish candidates who misrepresent themselves in writing when seeking employment.
Is the candidate motivated to do this job? Yes, the candidate is unquestionably qualified, but he simply doesn't want to do the work. The candidate is seeking a new challenge.
Is the candidate driven to excel? Many candidates neglect to list their accomplishments on a resume. They detail every employer, task, and duty they've performed. Either because of humility or lack of knowledge, they neglect to include how their efforts benefited their employers. What did they really accomplish? They can deliver the minimum expectations, but will they excel? Is this the best candidate for the position, or is it just a convenient fill?
Does the candidate have good communication skills? Did he write his own resume or buy it? Does he have good, natural, or learned communication skills or did someone coach him through producing this resume (and will that coach hopefully be accompanying the candidate to the job daily)?
Will the candidate fit the culture? It's almost impossible to gauge from a resume whether a candidate will be a good fit culturally for the company and the department. In some cases, the cultural fit may be more important than the skill match. bout

Helpful Advice for Banks & Other Financial Institutions that Conduct Employment Verifications

2008-02-06T14:59:00.000-05:00

(I know, long title). Many of you have seen recent articles we've written about what employers can and cannot or do and do not say when providing employment verification information on former employees. One of our clients was kind enough to pass along this article, Are You Hiring A Crook written by Mary Beth Guard at Bankersonline.com.

The article focuses on financial institutions who have terminated employees due to fraud or theft in the workplace, but where charges have never been filed. Many employers are scared to divulge such information if asked for fear of a lawsuit from the former employee. Most are unaware that the USA Patriot Act actually affords them the protection they need to warn financial institutions that might consider the individual for employment.

If you work in the financial sector, this article is a must read. I would recommend paying close attention to how this protection can be used and under what circumstances. I was so facsinated by this little know provision in the Patriot Act that I contacted the author and she was only so kind to offer her opinions and advice for how financial institutions can utilize this important protection. One thing that I found unfortunate was the fact that the language in this provision seems to make it impossible for a CRA (background screening organization) to conduct this type of verification on the employer's behalf.

Enjoy the article.

Florida DCF Reviewing Background Check Process After Spokeman Arrested for Child Pornography

2008-02-04T14:24:00.001-05:00

It would seem that the Florida Department of Children & Families has a nightmare on their hands. They hired a spokesman for the organization that was recently arrested on Child Pornography charges, as documented by the Orlando Sentinal in their article DCF reviewing background check policy after spokesman's arrest.

The state agency said that a background check was conducted and did not reveal conviction records from the state of Texas which focused on writing bad checks. They said if they had known about these records, it might have affected their decision to hire this individual. My guess is that the state didn't conduct a thorough check, however it could have been much worse. Based on this report, it doesn't seem to indicate that this individual had prior records related to sex crimes or child pornography.

The importance of conducting a county criminal record search in each county where the applicant has lived, worked or attended school cannot be understated. The article doesn't indicate that these offenses occurred in counties where the individual resided, but I think it's a safe assumption. If he didn't the state would be claiming the they conducted a thorough check and wouldn't be reevaluating their procedures.

Nightmare for applicants and screening firms

2008-02-02T10:07:00.000-05:00

Not sure how to describe this one, but a recent headline in the Cleveland Plain Dealer could pose a nightmare for us all. Summit County Cases Proceeded Without Formal Charges. My wife actually found this one this morning reading our edition of the Plain Dealer, this one hits closer to home because we live in Summit County! When the prosecution virtually ignores the Grand Jury and Prosecutions Nolle Prosequi status and charges the individual anyway, where is the Due Process? How in the world would an employment screening company and, or an employer adjudicate the results of a background check when the case should not have been indicted in the first place? Food for thought, I know the answer but its a good starting point for some good old fashioned commenting to this post!! Comment away!

Major League Baseball Umpires Cry "Foul" Over Background Checks

2008-01-31T08:39:00.000-05:00

Pick up any major U.S. paper today and you'll see that Major League Baseball Umpires are less than pleased with the methods MLB has used to conduct background checks. They have alleged that investigators are making inquiries with neighbors of the umpires which preclude the neighbors to believe that the umpires are engaged in such activities. Questions have included whether the umpires have ties to the Ku Klux Klan or if they have been known to grow marijuana. MLB has denied has denied any wrong doing.

See Umpires questioning tactics in MLB background checks found in today's USA Today for the complete story.

Here's my take. First, the type of investigative work MLB has employed to vett their umpires is far beyond that which your average employer utilizes. That doesn't make it wrong. That makes it much more in-depth, time intensive and costly. Knowing the embarrassment caused to the NBA when it was revealed that one of their referrees was tied to a mafia gambling ring, they have a vested interest in knowing everything they can about the people they employ to protect the integrity of the sport. Furthermore, if they are not involved in these activities, why would they have a problem with these questions? Lastly, if they don't want to be subjected to these checks, they always have the option of seeking alternate employment.

HOWEVER

If, in fact the investigators crossed the line and intimated that the umpires were involved in the activities they were asking about, they were flat out wrong and should be held accountable. We should have more details in the next few days and weeks and hopefully will be able to make that determination at some other time.

A Case for Continuous Employment Background Checks

2008-01-30T08:06:00.000-05:00

The President of Washington-based Dollarwise payday stores, Charles Seil was operating his business from a prison cell over the summer. A pretty cool trick if you ask me, but the State of Washington didn't think so when it found out after the fact. In fact, they revoked his license after getting an anonymous tip that he plead guilty to watercraft homicide and had been serving time.

Now, Mr. Seil was not an employee of his company so I doubt he would have instructed his people to run recurring background checks on him to allow for continuous employment, however if the state, which issued his license didn't get this anonymous tip he'd still be operating his business. What could the state have done?

We've written much about the concept of Continuous or Recurring Background Checks recently:

Background Checks for Current Employees

Well, they did perform a background check to issue the license. However, that background check was conducted well before this incident took place. If the had a program in place to update the information, they could have caught this.

The same concept applies to any employer. It's great that so many organizations see the value in conducting background checks in order to make an informed hiring decision. But, that check doesn't guarantee that something hasn't happen since the time that the applicant hired.

Check out the links above for some suggestions on how to effectively screen your current employees.

Even Paradise is No Longer Immune to Need for Background Checks

2008-01-28T09:34:00.000-05:00

The beautiful island of Bermuda is one of my favorites with majestic pink sand beaches and the clearest blue waters I have ever seen. If you close your eyes, you can just imagine this tropical paradise and forget about your cares.

Unfortunately, the people of Bermuda are learning a lesson that many have learned long ago: being on a small island or in a small community where everybody knows one another cannot insulate you from harm that can be caused by not performing proper background checks on job candidates.

Are Your Kids in Harm's Way is a story taken from a local Bermuda newspaper and details a story about a woman who abused children while operating a day care center. This woman had a criminal past and could have been prevented from caring for children had anyone performed a criminal background check.

The problem is that stories such as these repeat themselves all over our country and all over our world. People think that they are immune to such activities because they live in small communities. Unfortunately, many need to live through an experience such as this to realize that this logic cannot stand.

Medical Marijuana in the Workplace

2008-01-25T10:57:00.000-05:00

In the past my articles have centered around industry issues and identity theft. I just came across this article on Yahoo and thought it was very interesting. I think this type of case could make it to the U.S. Supreme court as it could have ADA and possible EEOC implications. Obviously, drug screening and substance abuse testing in the workplace is a hot issue today and certainly a service offered by employeescreenIQ. My passion for this particular issue could be argued on both sides. I am a strong supporter for substance abuse testing in the workplace but also understand and support the Americans with Disabilities Act. I am not sure where this one will go, but it will be an interesting ride nonetheless.

Medical Marijuana users can be fired: California Supreme Court

By Adam Tanner Thu Jan 24, 6:14 PM ET

SAN FRANCISCO (Reuters) - Companies can fire employees who use marijuana for medical reasons even if California law allows such use because federal law prohibits it, the state's Supreme Court ruled on Thursday.

"Under California law, an employer may require preemployment drug tests and take illegal drug use into consideration in making employment decisions," Justice Kathryn Werdegar wrote.

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