Category Archives: Background Checks and Screening

Family Wants Social Media Background Checks After Workplace Shooting

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Last summer, a supermarket employee in New Jersey walked into his workplace and killed two employees before shooting himself. It was later revealed the gunman had posted this chilling question three years prior on his Twitter account: “Is it normal to want to kill ALL of ur (sic) coworkers?”

In the wake of this tragedy, family members of one of the victims are now lobbying for legislation that would require an employer to review a job applicant’s social media history as part of their background check before hiring them. Aptly named “Cristina’s Law” after 18-year-old victim Cristina Lobrutto, the bill contradicts new legislative proposals by state and federal lawmakers seeking to protect an individual’s right to social media privacy.

This year, thirty-five states currently have legislation pending that would prohibit employers from requesting an applicant’s social media password as a condition for employment. Maryland, California, Washington, New Jersey, Illinois are some of the states that have already passed such laws. Similar legislation also prevents colleges and universities from requesting social media personal information.

Advocates of Cristina’s law argue that if employers had seen the New Jersey shooter’s previous Twitter posts, he never been hired by the supermarket chain. Opponents of the law argue that reading one’s social media history is the equivalent to asking for their personal diary or reading private emails. Lawmakers voting to prohibit social media screenings feel that a basic criminal background check should be sufficient.

So what do you think? Should employers be able to consider social media posts before hiring applicants, or is this a violation of privacy?

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New survey says more employers doing fewer credit checks

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A recent Society for Human Resource Management survey found that more than half of respondents to a recent Society for Human Resource Management survey said they don’t use credit checks in the hiring process. That’s an increase from 2010, when 40 percent of organizations reported not using credit background checks. In 2004, 39 percent said they did not use such background checks when hiring.

The survey also found:

  • Most employers focused on credit histories of two to seven years. Only 6 percent of organizations said that all years of credit history were equally important, a decrease from 17 percent in 2010.
  • Of the 34 percent of employers that conducted credit checks on selected job candidates, 87 percent did so for positions with financial responsibilities and 42 percent used them for senior executive positions.
  • More organizations saying that complying with state law requirements was among the primary reasons criminal records checks were done, up from 20 percent in 2010 to 28 percent today.
  • Fifty-eight percent of organizations allowed job candidates to explain the results of their criminal checks before the decision to hire was made.

The findings suggest employers are becoming more selective on the background check processes they use and are tailoring the vetting process to more acutely select the kind of background information most useful for each individual job description. This comes on the heels of the Equal Employment Opportunity Commission’s new guidelines on criminal background checks.

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Penn State puts stronger background check policy in place

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The effects of the Jerry Sandusky child sex abuse case will be echoing through Happy Valley for a long time, and in many ways. One of the latest came last week, when a new Penn State University background check policy went into effect. The policy requires final job candidates and third-party employees who are offered employment undergo a criminal background check before they are hired to work at the university.

Three of the university’s existing policies (HR69, HR95 and HR96) were combined into the new HR99 policy, “Background Check Process,” which has incorporated a more comprehensive procedure that also ensures compliance with recently issued federal Equal Employment Opportunity Commission guidelines on background checks.

The new policy establishes a clear process to ensure that a candidate’s criminal history and any potential child abuse records are reviewed. Background checks will be used solely to evaluate candidates’ eligibility to be engaged in any work capacity by the university. In addition, current employees who are considered to be in “sensitive/critical” positions, as defined in the policy, must complete background checks if they have not already been completed. Positions with responsibility for protected, personal or other sensitive data (auditors; registrars; IT, HR, and payroll staffs); positions with master key access to all offices/facilities within buildings; and positions with responsibility for controlled substances or hazardous materials are among those considered to be sensitive/critical, according to news reports.

The policy also requires all individuals, including current employees, to disclose criminal arrests and/or criminal convictions that are outlined in the self-disclosure form within 72 hours of their occurrence. Candidates who don’t comply or who provide inaccurate information will not be considered for employment.

It will be interesting to see what changes other universities, children’s charities and other organizations make in light of the Sandusky crimes.

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HR professionals should be cheerleaders for screening policy

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Are you an HR professional who believes in the importance of background checks but can’t get the rest of your team on board the employment screening bandwagon? The human resources department often takes the fall for a bad hire, because they’re the ones who are charged with checking references and obtaining drug test results for new hires. But it’s not fair to blame HR when there is no clearly established system of checks and balances in place for prospective employees.

If you’ve been at this awhile, chances are you already have employment screening protocols in place – it just might not be formal “policy” yet. In order to get your employer to adopt a formal policy, you might have to do the legwork. But that’s still worth it, if it means you will avoid trouble down the line – legal or otherwise – thanks to a bad hire that slips through the cracks.

First you’ll need internal support for the practice, so educate key decision makers and stakeholders about the benefits of pre-employment screening. Point out benefits like the ability to make intelligent and informed hiring decisions, having a safer workplace and enjoying the efficiency of a more productive workforce.

Next, put together a draft of a formal policy. Include the different types of screenings for the different positions at your company. Then based on the kinds of screening reports your company needs, research to find the best available professional screening service to meet your needs. Doing the work up front for this very important policy will benefit everyone in the long run.

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Clearing up myths about background checks

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With the use of background checks increasingly in the news, employees and job seekers across all industries are becoming more wary of what details about their personal and professional histories are being researched, reviewed and used against them during the hiring process.

The vast majority of employers use fair, unbiased measures to help them determine the best applicant for a particular job. But that doesn’t mean there aren’t a slew of misconceptions out there regarding employment screening. Here are a few of the most common misconceptions, which all employers should be aware of as you journey through the hiring process.

Myth 1: Background check policies are the biggest reason the unemployment rate is so high. This is untrue. Background checks do keep the occasional applicant from securing the job, but background check policies are put in place to ensure the best applicants are hired and retained. The goal is to hire, not to keep a position unfilled.

Myth 2: If you have a criminal record, you won’t be hired. While having a criminal record could pose some difficulties during the hiring process, that depends on how long ago the crime was committed, the nature of the conviction, among other things. According to one survey, less than 10 percent of applicants with criminal records are denied employment.

Myth 3: Employers factor in your credit score when deciding whether or not to hire you. Not true in most cases. Credit checks are typically done when the job in question involves handling money and keeping track of finances. Even so, most employers use what’s called an Employment Credit Report, which does not include a credit score.

Myth 4:  Applicants aren’t given a chance to correct or argue findings. Actually, by law employers are required to give job applicants a copy of their background check and allow them to clear up any misinformation.

As with most areas of business, communication is key. Make sure your policies are clearly stated, and strictly followed. And give prospective employees the chance to clear up any misinformation that might have been uncovered during the process.

Woman fired over 40-year-old shoplifting conviction

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A woman was fired from her customer service job at Wells Fargo Home Mortgage in Milwaukee recently for a 40-year-old shoplifting conviction, calling into question not just rules about background checks, but judgment calls regarding the policies that employers establish regarding what is turned up by employment screening tactics.

According to news reports, Yolanda Quesada was escorted out of the office where she’d worked full-time for five years and had been given recognition awards, service excellence pins and certificates of appreciation.  The reason: A background check conducted by the Federal Bureau of Investigation had turned up two shoplifting arrests, both from 1972, when Quesada was 18. She admits she stole clothing from a Milwaukee department store on both occasions; she was fined $50 for the first, and placed on one year of probation for the second.

Quesada’s former role with Wells Fargo did not include the handling of money, but company spokesman Jim Hines said “Because Wells Fargo is an insured depository institution, we are bound by federal law that generally prohibits us from hiring or continuing the employment of any person who we know has a criminal record involving dishonesty or breach of trust.”

Being bound by law to honor certain rules regarding the criminal records of employees or potential employees is understandable, but employers across all industries should use this example as a reminder to not only set fair practices in regards to employment screening, but to use good judgment and common sense when interpreting the results and comparing facts on background checks and criminal records with the tasks that the prospective employee will be in charge of. Every decision on the employment of an individual comes down to a judgment call; let’s use good judgment to hire good people.

 

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National Consumer Law Center report on background check companies says be careful who you hire

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A recent report by the National Consumer Law Center claims that background checks can be erroneous, advising employers to be careful when hiring an employment screening service to conduct background checks on their prospective employees.

According to the report, nearly 75 percent of employers are conducting some sort of pre-employment screening on job applicants. The report claims that errors made by fly-by-night background check companies using shoddy business practices can — and have — cost qualified people good jobs.

“Federal regulatory agencies and states should rein in the Wild West of the background screening industry by holding companies accountable,” said Persis Yu, the National Consumer Law Center (NCLC) staff attorney and co-author of the report.

When hiring a screening service to conduct your business’s background checks, research the company’s history and reputation. VerifyProtect.com is a division of American Tenant Screen, which is a leading provider of integrated screening services for businesses in the markets we serve. The company provides screening services globally to more than 3,000 clients, and has been in business for nearly 25 years.

 

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Failure to perform background check has $1 million price tag for Roman Catholic Archdiocese of New York

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It’s difficult to put a dollar figure on the value of background checks. But that got a lot easier recently for the Roman Catholic Archdiocese of New York. The value for them turned out to be $1 million – that’s how much a woman embezzled over a seven-year period while working as a volunteer bookkeeper at the famous St. Patrick’s Cathedral in Manhattan.

The bookkeeper was hired in 2003 before background checks were a routine part of the hiring process. If the diocese had run a background check on her, it would have discovered she had been convicted of grand larceny in one case and had pleaded guilty to a misdemeanor in another, according to an article in The New York Times.

This story should serve as a reminder to all those who still believe pre-employment screening is not worth the time and money it takes to conduct them. Criminal records and credit checks are a must for anyone who will be entrusted with the finances of your business. In particular all those who handle money, or care for others, should be thoroughly vetted. 

 

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With spring sports registration comes spring sport background checks

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It’s hard to believe, but winter is waning and spring sports registration is under way in many parts of the country. If your business, school or organization is involved in any way, shape or form with spring sports involving children and teenagers, now is the time to make sure you have — and are following — a clearly stated policy on background checks. Make sure everyone currently on staff has had a thorough background check, and that any new coach, volunteer or job applicant undergoes the same background screening.

Parents will be asking what your policy is, so have handouts on hand to give out as part of the registration process. And be sure to include a phone number and contact person for parents to call with questions or to report any activity they feel is suspicious or worrisome.

Finally, check with your state laws to make sure the type of background checks you’re doing are compliant with state regulations. And get the process under way as soon as possible — many coaches and volunteers tend to drag their feet when it comes to completing and returning the necessary forms. The last thing you want is to have a shortage of eligible coaches when it comes time for the season to start!

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Three tips to get small business on track with background screening

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If you’re a small business who has never had a formal policy for background screening employees and applicants, now is the time. If you’re not sure where to start, here are a few tips.

  1. Create a policy. The best practices need to be written down and followed across the board, so get an employment background screening policy in writing and put it in the hands of every manager, human resources personnel and employee. Include exactly what types of background checks and reports will be done for each applicant, and for what circumstances or terms of employment. Having something in writing that is followed every single time will help to save you from discrimination claims down the line.
  2. Don’t go it alone. Hire a reputable background screening service that can help to automate and bundle your reports when necessary. Leave it to the experts to get the most comprehensive information on every single employee, every single time.
  3. Regularly reassess. Any good policy gets brought back to the table and scrutinized on a regular basis, and this one is no exception. With the way social media and emerging technology are blurring the lines between professional and personal, it’s a good idea to take a look at your background screening policy regularly to make sure it includes the very best practices related to the very latest screening trends and laws.

 

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