Q&A On Using Social Networks For Background Screening

January 26, 2010

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I found an excellent Q&A regarding employee background screening on Human Resource Executive Online.

Question:

Can you provide the parameters for HR in the use of information discovered on the Web, such as Facebook, as it applies to job applicants?

Answer:

Social networks and blogging sites can provide an inexpensive and easy way for employers to gather a plethora of information about potential job applicants. However, employers should think twice about using information found on social-networking sites to make employment decisions because the use of such information could lead to the potential risk of employer liability.

This is because these sites contain information about job applicants that employers would not be permitted to ask about during any job interview. Therefore, using, and in some cases, simply accessing these pages for employment purposes can result in violations of various anti-discrimination statutes, privacy laws, state “off-duty” conduct statutes, and federal and state Fair Credit Reporting Acts.

For the complete article click here.

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How to Stay Up-To-Date On E-Verify

January 22, 2010

Get E-Verify updates via Ogletree Deakins,  one of the largest immigration practices in the United States.

Download Ogletree Deakins’ Monthly Immigration eAuthority by clicking on the following:

E-Verify Facts:

  • E-Verify is a voluntary program for employers, with limited exceptions.
  • Companies can access E-Verify online and compare an employee’s Form I-9 information with over 444 million records in the Social Security Administration database, and more than 60 million records in Department of Homeland Security immigration databases.
  • More than 182,000 employers are enrolled in the program, with over 8.7 million queries run through the system in fiscal year 2009.
  • There have been over 3.6 million queries run through the system in fiscal year 2010 (as of January 16, 2010).
  • E-Verify is an essential tool for employers committed to maintaining a legal workforce, and the number of registered employers is growing by over 1,200 per week.

*Reported by Department of Homeland Security

Advantages of using FYI Screening for E-Verify:

  • As a designated E-Verify service provider, FYI Screening can help you join the growing ranks of those employers who use the E-Verify system to confirm the legal status of workers in the United States.
  • Seamless integration into our online background screening system. When you order a background check on an applicant you can easily order an E-Verify check.
  • Quick, accurate results
  • Confirmation number provides streamlined record-keeping in one convenient online location.  This is great for companies with multiple locations.
  • Reduces liability by providing an electronic trail for auditing.

For more information about E-Verify, please contact us at 1-800-809-2419 or click here.

8 Tips On How Employers Can Minimize Risk Of Workplace Violence

January 22, 2010

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I just read an excellent article from the The Houston Chronicle entitled “Employers can minimize risk of workplace violence.”

The author stresses these important points:

“While violence cannot always be anticipated, this does not relieve employers of their obligation to provide a safe workplace. First, federal law requires it. With the Department of Labor adding investigators and stepping up workplace safety enforcement, compliance with Occupational Safety and Health Administration regulations should be a management priority. Second, workers compensation insurance provides Texas employers only limited protection against liability from the inevitable lawsuits following a workplace tragedy.”

Here are the the 8 Tips On How Employers Can Minimize Risk Of Workplace Violence from the article:

  1. Accept reality: The recent shootings reinforce the fact that the risk of workplace violence is omnipresent. Employers must be proactive to prevent or minimize exposure to such incidents.
  2. Use effective pre-employment documents and conduct background checks: An effective application coupled with valid legal releases and disclaimers provide key information on the applicant. Employers should conduct background investigations to discover prior convictions, litigation history, motor vehicle records, employment references, credit history, education records and other relevant background information concerning the applicant.
  3. Establish policies on workplace violence: Employers should establish a written zero-tolerance position on violence, threats or abusive language and make clear that any violation of these rules can be grounds for termination. A workplace violence policy should also include a procedure to confidentially report threats.
  4. Conduct substance-abuse testing: Private employers should test all applicants and employees for substance abuse to the extent allowed by law. Negative test results should be a condition of employment.
  5. Develop procedures for investigating threats: These procedures should include specific guidelines for conducting an investigation and interviewing witnesses and the individual who allegedly made the threat. To the extent necessary, employers should retain security consultants, psychologists, attorneys or other professionals for advice on how to handle threats quickly, effectively and legally.
  6. Train supervisors and employees: Supervisors should be instructed to identify violence risks and report all threats to management immediately. Supervisors should be trained in conflict resolution, stress management, managing change in the workplace and recognizing the early warning signs of violent employees. They should also be trained to be sensitive to the fact that seemingly small issues can suddenly escalate into workplace problems. Employees should be trained regarding their responsibility to report threats or violence.
  7. Implement an employee assistance program: EAPs can help employees who are having a difficult time handling stress in their lives.
  8. Audit and improve security measures: Employers should establish a relationship with local law enforcement officials and a security consultant. Employers should also conduct an audit to determine areas of vulnerability and/or procedural weaknesses. Basic systems for protecting property, such as lighting, pass keys or cards, intercoms, employee identification, surveillance or alarm equipment and other systems or devices should be considered.

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