4 Tips On How To Use Social Networks For Employee Screening

One of the hottest and most controversial topics in the background screening space is the use of  social networks to screen employees.

The New York Law Journal covers this important issue in an article titled “Social Networking and Blogging: Managing the Conversation.”

The Tips:

1. Employers choosing to screen blogs and social networking profiles must also comply with the Fair Credit Reporting Act (FCRA). The FCRA requires an applicant’s or employee’s consent before an employer may engage a “consumer reporting agency” to produce a “consumer report” on that individual. FCRA does not prohibit employers from receiving or using the consumer report that contains information derived from social networking sites or blogs, but it requires disclosure that such information resulted in an adverse employment decision.
2. Employers should also develop clear rules regarding their hiring procedure if they wish to make use of available online information from personal blogs and social networking sites for screening purposes.
3. For instance, it is vital that a wall be constructed between the ultimate decision maker and the individual conducting the initial online research. While specific rules will vary based on an individual employer’s needs, any employer utilizing these technologies should ensure that irrelevant information is screened and filtered before it reaches the decision maker.
4. The law applicable to employee blogging and social networking is still evolving, and the lack of legal precedent leaves significant room for interpretation. When making use of online resources, however, it is better to err on the side of caution, as the potential risks to the employer can be significantly greater than any benefits the additional information social networking sites and blogs may provide.

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This will allow your company to focus on what really matters: hiring and retaining the best employees possible.

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Dangers Of Using Social Networks On The Job Hunt In Australia

NEWS.com.au (Australia) reports about the Dangers of using social networks on the job hunt.

Employers using social networks to gather information on job candidates could be breaking the law.

Social networks have become hot recruitment tools but Harmers Workplace Lawyers warn that using such sources to gather personal information to screen would-be employees carries a number of legal risks.

Harmers senior associate Bronwyn Maynard says many employers and recruiters are not aware of their obligations under the existing Privacy Act let alone the “General Protections” section of the Fair Work Act that came into force on July 1, 2009.

Under the Privacy Act employers and recruiters must:

• Inform a candidate that they have collected personal information about them.

• Explain the purpose of gathering the information.

• Tell the candidate who else will see the information.

Luckily for recruiters and hiring managers, most candidates don’t realise that under privacy legislation they are entitled to see notes made about them during the recruitment screening process.

“The Privacy Act also dictates that companies must only collect personal information that is necessary for their business,” explains Ms Maynard.

Candidates can apply directly to employers and recruitment consultants to see the notes made and information gathered about them during a recruitment campaign. A candidate can request that inaccurate information be corrected. If the candidate considers the information irrelevant he or she can then make a complaint to the Privacy Commissioner.

Ms Maynard said while there is no set timeframe, to expect a reply within 30 days would be a reasonable.

Read more about the Dangers of using social networks on the job hunt.

Related Posts From FYI Screening:

• The Dangers of Using Social Networks for Employee Screening

• Employee Screening Through Social Networks

• 5 Legal Reasons Why Your Company Should Have a Social Networking Policy

• Twitter and Employment Law Issues

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Never, Never Lie On Your Resume

Secretsofthejobhunt.com has a good article titled ” Should I lie on my résumé?” by Ginger Korljan.

“Today I learned about a new website which for a fee, will fabricate job history, degrees, and references for a résumé. Their justification? “A résumé is not a legal document.” They even provide an answering service if a potential employer wants to follow up with a phone call. I was astonished that any company would be so brazen to attempt this outright illegal activity, and even more astonished that people are actually buying it!

Read the rest of the article here.

Related Posts From FYI Screening:

• 4 Common Lies Told By Job Candidates
• Can You Tell If Your Applicant Is Lying?
• Resume Fraud May Increase As The Economy Worsens

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What Your Boss Knows Could Hurt You

Here’s some good tips on privacy from PC World.

Written by Christopher Null

How to Avoid Facebook and Twitter Disasters

Who knew your boss could see so much of your Facebook page–including the pics from your wild weekend? Oversharing can lead to underemployment. Take some practical steps to control what others see about you.

Read the article here.

After reading that you may want to read “Does Google Know Too Much About You?” by Ian Paul.

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The Importance Of Accurate Background Checks

Last week I reported how a Post-Hire Background Check could have prevented a terrible crime.

On the front page of this morning’s Dispatch I read…

Rape suspect got 2nd job because of faulty vetting

Weapons charges should have disqualified caregiver

It looks like this suspect was able to get a second job with Goodwill Columbus because of two errors with his background check:

1. Goodwill ran a background check through the Ohio Bureau of Criminal Identification and Investigation (BCI) which incorrectly showed a weapons charges against him had been dismissed.  Actually, the suspect pleaded guilty in Franklin County Common Pleas Court to reduced misdemeanor charges of carrying a concealed weapon and improper handling of a firearm in 2008 — convictions considered to be disqualifying offenses for working among people with developmental disabilities.That information was not on the BCI report, said Margie Pizzuti, president of Goodwill Columbus.
2. Goodwill ran an additional background check through an online records-search service (I don’t know which company), but that report was confusing and Goodwill staff members apparently did not see that Quintero had been convicted, Pizzuti said.”This instructs us to be even more vigilant in finding out what’s in these reports and making sure we understand them,” she said. “If we had seen that and understood clearly, it probably would have been at least a red flag.”

Read the article here.

CONCLUSION

• A manual on-site search at the county courthouse by an experienced researcher is often the most accurate, and up-to-date criminal search available.  Goodwill ran a BCI check which is the authorized central repository for all felony records for the state of Ohio.  The bureau relies on police departments, sheriff’s offices, and courts of record to submit arrest and court conviction data to the bureau for record updates.  The bureau did not have the most current information in this case.

• Your background screening provider needs to provide you with an easy to read report so there is absolutely no question about the status of the person being screened.

FYI Screening, Inc. is a leading global provider of employee screening solutions to corporations, government agencies, healthcare systems and educational institutions.

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The Pitfalls Of Using Social Networking To Screen Potential Employees

Here’s an excellent article on using social networks for employee screening.

Source: IT Business Edge

Lora Bentley spoke with Jacqueline Klosek, senior counsel and privacy law practitioner at Goodwin Procter, about the pitfalls employers want to avoid when using social networking and other Web sites to screen potential employees.

Bentley: I’ve read about the public outcry that resulted from the City of Bozeman, Montana’s decision to ask job applicants for their social networking site user names and passwords. Obviously, there are enough problems associated with that practice that the city discontinued it. Can you explain?

Klosek: It’s just, in my mind, fraught with legal dangers. For example, what you post on your own Web site, the writings and photos and such, you’re really using someone else’s service. And for the most part, if you provide your password to the sites in which you participate, you could be violating their terms of use, which could leave you as the user subject to potential claims, including termination of your account or worse.

Then, as an employer, say you ask someone for their user name and password and then give it to another employee to do the screening, you don’t know exactly what they’re going to do with that information. With the user name and password, they’re basically impersonating the person whose account it is. They can send e-mails that purport to be on that person’s behalf, they can review e-mails that were sent from other people… It could be mundane personal communications, but there could also be trade secrets being exchanged, or a host of other things behind these protected e-mails. It’s just a minefield of dangers, in my view.

Bentley: What if you are using the Internet to screen prospective employees without their user names and passwords? Aren’t there still risks in doing that?

Read the rest of the article here.

Related Posts From FYI Screening:

• The Dangers of Using Social Networks for Employee Screening

• Employee Screening Through Social Networks

• 5 Legal Reasons Why Your Company Should Have a Social Networking Policy

• Twitter and Employment Law Issues

• The Other Background Check: What Does Google Have To Say About You?

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The Importance Of Post-Hire Background Checks

The Columbus Dispatch reported:

Five years ago, Tristan J. Quintero passed the background check that enabled him to get a job caring for mentally disabled Ohioans.

The state doesn’t require post-hire background checks, so workers are trusted to self-report subsequent offenses that could disqualify them. But Quintero apparently told no one that he’d been convicted on weapons charges in 2008 and indicted again in May.

As a result, he was still on the job the night of May 28, 2009. That’s when he left the apartment of his disabled South Side client, James Monroe, and raped a neighbor, police said.

Could This Horrible Crime Have Been Prevented?

There’s a good chance Quintero’s weapon’s charge would have been discovered if periodic background checks were done after he was hired.  And this crime could have been prevented.

Most organizations understand the importance of conducting pre-employment background screening, but many companies don’t properly consider the continued risks employees present after they are hired.

Here are 4 Tips On Setting Up A Post-Hire Screening Program

• Establish a written policy for post employment screening. Candidates and employees should have a full understanding of the company’s screening policies and procedures, especially when conducting post-hire screenings.

• Make sure you have a signed release form authorizing the right to conduct a background check throughout employment. Here is an example of the language that could be used on the Disclosure and Authorization form:

“I have carefully read and understand this Disclosure and Authorization form and the attached summary of rights under the Fair Credit Reporting Act. By my signature below, I consent to the release of consumer reports and investigative consumer reports prepared by a consumer reporting agency, such as FYI Screening, Inc., to the Company and its designated representatives and agents. I understand that if the Company hires me, my consent will apply, and the Company may obtain reports, throughout my employment.”

• Be consistent with your post employment screening. Your online screening system should have a feature built-in which makes it easy to rescreen current employees.

• We recommend companies re-screen employees annually or biannually.

Conclusion

Implementing a post-hire screening program can help reduce workplace loss, retain the best employees and mitigate a company’s risk.

Contact FYI Screening, Inc. if you need help with implementing your company’s post-hire screening program.

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