PRE-EMPLOYMENT

BACKGROUND SCREENING

& INVESTIGATION

DUE DILIGENT INVESTIGATIONS

Whether you are providing services, providing jobs, or conducting business with another individual the law states you may be consider "negligent" if you do not do your homework and a problem arises later.

As part of a "Due Diligence" investigation we cover several areas of interest such as Social Security Number Verification, Criminal and Civil Records Search, Driving Records, Sex Offender Registry and Credit Reports on a case by case basis with a signed authorization as required by law.

Why should I screen applicants?

Applications frequently contain false or distorted data. Screening eliminates the potential for theft, violence, drug abuse, fraud and costly litigation from negligent hiring. All employees should be screened regardless of position or size and type of company.

• Over 60% of applicants have bad credit history, a criminal past, bad driving history or falsified information on their application.

• Theft in the workplace occurs in over 90% of companies

• $150 Billion lost annually because of workplace fraud and theft

Violence, theft and criminal activity have become greater risks in the workplace, so more employers are performing criminal background checks in addition to asking about criminal records on job applications. In fact, employers who fail to take reasonable precautions about whom they hire can be sued if an employee with a criminal background harms someone.

Do criminal record searches, however, mean that applicants who had a brush with the law will never find a good job, or that employers are assured that they will never hire a criminal? The answer to both is no.

When private employers check criminal records, they normally do not have access to governmental criminal databases (unless the position qualifies for a fingerprint check, such as teachers or child-care workers). Private employers can check criminal records only by going to individual courthouses and looking through the records that are kept by each court. Since there are more than 10,000 courthouses in America, a nationwide criminal check is not practical.

Even if there is a criminal record, there are legal limitations on what information can be used by an employer.

First, an employer may not ask about or consider information about arrests or detentions that did not result in convictions. Only convictions and pending cases can be considered.

Second, an employer may not consider crimes that have been sealed or expunged, or where the applicant participated in a special pretrial alternative program.

Third, there are limits concerning misdemeanors. Most employers will ask about both felonies and misdemeanors on applications, but a misdemeanor cannot be considered if probation was completed and the case dismissed, or for minor marijuana offenses more than two years old.

If a criminal conviction or pending case is located, does that necessarily mean that an applicant is eliminated? The answer again is no.

Under the FCRA, when an employer uses a background screening company to prepare a report, several steps must occur:

• The employer must clearly disclose to the applicant in a separate document that a report is being prepared. The disclosure can no longer be buried in an application in the fine print.

• A signed release is required before checking records such as criminal convictions or pending criminal cases, driving records, credit reports or educational credentials.

• An additional notice is required when a background firm checks references, such as asking previous employers about job performance.

• If an employer intends to deny employment based upon information in the report, the job applicant must receive a copy of the report and a notice of legal rights.

• If an applicant believes the information is wrong, the applicant can inform the screening agency, which must remove or correct inaccurate or unverified information, usually within 30 days.

• Applicants have the right to inspect their files.

• For applicants, however, background screening can create an uneasy feeling that they are mistrusted from the start or that Big Brother is watching.

• The fact is, however, that background screenings of job applicants benefit employers and employees alike. And with the recent changes in the Federal Fair Credit Reporting Act, job applicants have a great deal of legal protection.

• For applicants, the advantages of working for a company that requires screening is that efforts have been made to ensure that co-workers have the qualifications and credentials they say they have. In addition, employers typically screen for criminal records, especially those involving violence or dishonesty.

Of course, a background screening is not a full-fledged FBI-type investigation. As a screening company we are typically looking for red flags indicating potential problems or resumes that are not factual or omit important information.

·       Job applicants have recently been afforded substantial new legal rights to ensure the accuracy and fairness of the process. Congress amended the Fair Credit Reporting Act effective last September 30 to allow consumers to know exactly what is going on and to assert their rights in case of errors or mistakes. An applicant’s rights are listed in detail on the Federal Trade Commission Web site at www.ftc.gov.

·       The law is designed to strike a balance between an employer’s need to exercise due diligence in hiring and an applicant’s right of accuracy and privacy. For applicants who are genuinely the victims of mistaken identity or bureaucratic errors, there is an opportunity to know what is being said about them and to fix the record so they are not denied opportunities unfairly.

For a job applicant, honesty is always the best policy. Negative information honestly disclosed in an interview with an explanation may well have no effect. However, if the employer discovers it through a third party, then the lack of honesty may be the reason for not getting the position.

• Even a criminal conviction cannot legally automatically disqualify a person from employment, without considering the nature of the offense, when it occurred, what the applicant has done since and whether it is related to job performance.

• Finally, honestly is always the best policy.

• A criminal matter honestly explained during an interview may have much less of a negative impact than hiding it and having an employer discover it later. If an employer discovers an applicant was dishonest, the denial of a job could be based upon a lack of honesty, regardless of the nature of the offense.

What should applicants do if they are concerned about a criminal matter?

• First, ask an attorney if the criminal record can be expunged or set aside by going back to court, or whether it is the type of offense that an employer may legally ask about or consider.

According to a study conducted by the Society of Human Resource Management,

96 percent of those surveyed said they conduct some sort of background or reference check. 

Below is basic resume information and the percentage of times the candidate's response differed from the true data.

     58% = Dates of previous employment

     54% = Criminal record check

     49% = Former job titles

     38% = Credit Check

     32% = Former employers

     32% = Degree (s) conferred

     31% = Schools, Colleges attended

     24% = Certificates, licenses, etc

"Verifying dates and places of employment

helps cut down on bad hires

based on false claims made by the candidates."

Below is basic personal information and the percentage of times the candidate's response differed from the true data.

     48% = Social Security Number reported incorrectly

     35% = Criminal Record

     20% = Civil Record

     10% = Driving Record (valid and clear)