New Employee Screening Trend -Second Chance For Ex-Offenders
June 17, 2009
There is a growing trend in employment screening that places more responsibility on employers to analyze a past criminal record to determine whether there is a business justification not to hire a person.
From The Columbus Dispatch:
Schools Could Hire Former Criminals
Custodians, bus drivers, secretaries and cafeteria workers could work in schools even with a past drug or theft conviction under a new rule being considered by the State Board of Education.
Committing a sex crime, kidnapping and murder still would prevent someone from working in a school. But some people who have committed nonviolent crimes — including robbery, cultivating marijuana or drug trafficking — could show they have been “rehabilitated” under the proposed rule.
The proposal would allow people with those less-serious convictions that occurred well in the past — ranging from five to 20 years, depending on the type of crime — work in a school if they can show evidence that they have walked the straight and narrow since. It would apply to new applicants and current employees.
Read the article here.
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Form I-9 and E-Verify News
March 27, 2009
On or after April 3, 2009, employers must use the 02/02/2009 edition of Form I-9 when verifying and reverifying the employment eligibility of their employees. The current edition of Form I-9, dated 06/05/2007, must continue to be used through April 2, 2009, but will no longer be valid for use on or after April 3, 2009.
A copy of the new Form I-9 (02/02/2009 edition) can be downloaded here:
http://www.uscis.gov/files/form/I-9_IFR_02-02-09.pdf
The following Q & A from the U.S. Citizenship and Immigration Services (USCIS) on the new Form I-9 contains helpful information.
Questions and Answers
Q. Why is a revised Form I-9 being released?
A. The revised Form I-9 reflects changes made to the list of documents acceptable for Form I-9 in accordance with the Department of Homeland Security’s (DHS) recent interim final rule. The rule furthers DHS’s ongoing effort to increase the security of the employment authorization verification process. The new rule:
- Requires that all documents presented during the verification process be unexpired;
- Eliminates List A identity and employment authorization documentation Forms I-688, I-688A, and I-688B (Temporary Resident Card and outdated Employment Authorization Cards);
- Adds foreign passports containing certain machine-readable immigrant visas to List A;
- Adds to List A as evidence of identity and employment authorization valid passports for citizens of the Federated States of Micronesia (FSM) and the Republic of the Marshall Islands (RMI), along with Form I-94 or Form I-94A indicating nonimmigrant admission under the Compact of Free Association Between the United States and the FSM or RMI ; and
- Makes technical updates.
Q: What is the difference between the revised Form I-9 and the old one?
A: The biggest difference in the revised Form I-9 is that all documents presented during the verification process must be unexpired. Other than several technical updates, the following documents have been added or removed:
Two documents have been added to List A (Documents that Establish Both Identity and Employment Authorization) on the List of Acceptable Documents:
- A temporary I-551 printed notation on a machine-readable immigrant visa in addition to the foreign passport with a temporary I-551 stamp; and
- A passport from the Federated States of Micronesia (FSM) or the Republic of the Marshall Islands (RMI) with a valid Form I-94 or Form I-94A indicating nonimmigrant admission under the Compact of Free Association Between the United States and the FSM or RMI.
Although prior regulations refer to temporary I-551 stamps, the Department of State for several years has been affixing machine-readable immigrant visas (MRIVs) that contain a pre-printed temporary I-551 notation in the foreign passports of aliens immigrating to the United States. DHS therefore is updating the regulations to reflect this alternate temporary I-551 document with the pre-printed temporary I-551 notation on MRIVs.
Additionally, under both the preexisting Compacts with the FSM and the RMI, and the Compacts as amended, most citizens of the FSM and RMI are eligible for admission to the United States as nonimmigrants. Such citizens of the FSM and RMI have the privilege of residing and working in the United States. Amendments to the Compacts include provisions that eliminated the need for citizens of the FSM and RMI to obtain an Employment Authorization Document (Form I-766). By adding to List A the FSM and RMI passports, with a valid Form I-94 or I-94A, citizens of the FSM and RMI will be able to use their passports in the I-9 process without the need to obtain a separate Employment Authorization Document.
Three documents were removed from List A of the List of Acceptable Documents:
- Form I-688, Temporary Resident Card;
- Form I-688A, Employment Authorization Card; and
- Form I-688B, Employment Authorization Card.
Q. Where can I obtain a copy of the revised Form I-9?
A. A copy of the new Form I-9 (02/02/2009 edition) can be downloaded here:
http://www.uscis.gov/files/form/I-9_IFR_02-02-09.pdf
Paper copies of Form I-9 can be ordered by calling USCIS at 1-800-870-3676.
Q. Why can’t I present an expired document?
A. DHS wants to ensure that documents presented for use in the Form I-9 process must be valid and reliably establish both identity and employment authorization. Expired documents may not portray a valid status. They are also prone to tampering and fraudulent use. This change takes into account the limits placed on these documents by their issuing authorities. If a document does not contain an expiration date, such as a Social Security card, it is considered unexpired.
Q. Why is only one type of Employment Authorization Document left in List A?
A. Forms I-688, I-688A and I-688B are older employment authorization documents. These are no longer issued and have now expired.
Q. In Section 1 – Employee Information and Verification, of the revised Form I-9, an employee can now attest to being either a citizen or noncitizen national of the United States. Who is a noncitizen national?
A . Noncitizen nationals are persons born in American Samoa, certain former citizens of the former Trust Territory of the Pacific Islands, and certain children of noncitizen nationals born abroad. More information on U.S. noncitizen nationals can be found by clicking the U.S. Department of State Web site link in the “Related Links” section.
Q: Where can I get the revised Form I-9 and the Employer Handbook (M-274)?
A: An informational copy of the revised Form I-9 and the interim final rule are available online through the Federal Register and on the Immigration Forms page of the USCIS Web site. The Handbook for Employers, Instructions for Completing the Form I-9 (M-274) is being updated to reflect the revision to the Form I-9 and will be available on the USCIS Web site in the near future. Employers who do not have computer access can order USCIS forms by calling our toll-free forms line at 1-800-870-3676. People can also request USCIS forms and information on immigration laws, regulations, and procedures by calling the National Customer Service Center toll-free at 1-800-375-5283.
Q: As an employer, can I accept documents that used to be on the Form I-9 but aren’t now?
A: No. Beginning April 3, 2009, employers may only accept documents listed on the List of Acceptable Documents on the revised Form I-9. When an employee must be reverified because his or her employment authorization has expired, employers should ensure that they use the revised Form I-9 with its new List of Acceptable Documents. An employer may not reverify the employee by completing Section 3 – Updating and Reverification on a previous version of the Form I-9.
Q: Are there any changes in the way the revised Form I-9 is completed?
A: No. The revised form should be completed exactly the same way as the old one was. Employers should be mindful of changes to the types of documents that they may accept in Section 2 – Employer Review and Verification.
Q: Is the Form I-9 available in different languages?
A: Form I-9 is available in English and Spanish. However, only employers in Puerto Rico may have employees complete the Spanish version for their records. Employers in the 50 states and other U.S. territories may use the Spanish version as a translation guide for Spanish-speaking employees, but must complete the English version and keep it in their records. Employees may also use or ask for a translator/preparer to assist them in completing the form.
Q: Are employers in Puerto Rico required to use the Spanish version of the Form I-9?
A: No. Employers in Puerto Rico may use either the Spanish or the English version of the revised Form I-9 to verify employees.
Q: When should employers begin using the revised version of the Form I-9?
A: Employers must use the revised Form I-9 for all new hires (and reverifications) beginning April 3, 2009. The current edition of Form I-9, dated 06/05/2007, will no longer be valid for use as of that date. Employers who continue to use the 06/05/2007 edition of Form I-9 on or after that date may be subject to civil money penalties.
Q. Do I need to complete the revised version of the Form I-9 for all my employees or just the new ones?
A: Employers only need to complete the revised version of the Form I-9 (Rev. 02/02/09)N for new employees. Employers should not be completing Forms I-9 for existing employees. However, employers must use Form I-9 when their employees require reverification.
Are you using the E-Verify system?
E-Verify is a voluntary (for now), online system that allows employers to quickly check the work authorization status of their new hires.
E-Verify Facts:
- Immigration reform is a hotly debated topic
- Use of E-Verify is mandatory in 12 states
- 6.6 Million E-Verify queries were run in 2008*
- Over 1000 companies sign up each week*
- More than 100,000 employers use E-Verify today*
- 96% of workers immediately are authorized to work through E-Verify*
- Employees have the right to contest results
- 13% of all new hires were E-Verified in 2008
*Reported by Department of Homeland Security
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.
Advantages of using our system:
- 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.
4 Ways That Employee Screening Boosts Employers’ ROI
November 13, 2008
In this tough economy hiring good employees who are both efficient and well-qualified can play a significant role in boosting an employer’s ROI. On the other hand, a bad hire can have a major impact on a company’s bottom line. It’s not uncommon for one poor hiring decision to result in hundreds of thousands of dollars in damage. Today, you’ll discover 4 ways in which employee screening and background checks can translate into a higher ROI.
#1 - Avoids Negligent Hiring Lawsuits
If one or more of your staff is injured at the hands of another employee, there may be grounds for a negligent hiring lawsuit. If an employer failed to properly screen the offending employee, that employer can be sued. Keep in mind that the average settlement for this type of lawsuit is over $1 million.
#2 - Minimizes Employee Turnover
Hiring and training a new employee is expensive. If an employer discovers that the employee has a substance abuse problem, criminal record, or history of violence, there may be a need to replace that person. By conducting pre-employment background checks, employers can avoid bad hires, reducing employee turnover costs in the process.
#3 - Increases Staff Productivity
Along with reducing staff turnover, hiring competent employees increases your staff’s overall productivity. There’s less likelihood of a disruption in the workplace caused by a bad hire. Plus, by limiting turnover, an employer can allocate fewer resources to redundant training.
#4 - Reduces Employee Theft
A bad hire is more likely to commit theft in the workplace. Even small, seemingly benign incidents (for example, stealing a box of pens) can signal the beginning of a habit. Eventually, the employee may begin pilfering valuable assets. Employers can limit employee theft by thoroughly screening applicants before hiring them.
Protecting The Bottom Line
A company’s bottom line involves more than merely revenues and the costs of doing business. Hiring a bad employee can have a devastating effect on an employer’s profitability. Negligent hiring lawsuits, employee turnover, low staff productivity, and employee theft can each have a significant impact. By performing comprehensive background checks and conducting pre-employment screening, employers can protect their staff while boosting their ROI.
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Photo Credit: AMagill
Employee Screening Articles For October
October 31, 2008
In case you missed any of our employee screening articles for October, here’s a quick recap:
Sex Offenders and Halloween Safety Tips- Part 2
Sex Offenders and Halloween Safety Tips
Pre-Employment Drug Testing For Teachers
Background Checks For The Education Industry
Background Checks For Temporary Employees
Do You Have a Sex Offender Working For You?
Immigration Crackdown - HR Director Indicted
Drug-Free Work Week
Why Gaps In Employment Are A Red Flag
Hiring For Hotels: Why Screening Is Essential
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Pre-Employment Drug Testing For Teachers
October 27, 2008
New London, Connecticut (WTNH.com) — The arrest of a New London teacher on drug charges(crack cocaine) has parents demanding stricter hiring policies including drug testing.
Related Posts:
Background Checks For The Education Industry
Deciding Whether To Drug Screen Employees
The Importance of Employee Screening for Nonprofits
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Photo Credit: compujeramey
Drug-Free Work Week
October 6, 2008
Drug-Free Work Week (October 20-26, 2008) is a dedicated time each year to highlight the benefits that drug-free workplace programs bring to employers, workers and communities. And, it’s a time to work toward making every week a drug-free work week!
It spreads the word that working drug free works to…
- Prevent accidents and make workplaces safer
- Improve productivity and reduce costs
- Encourage people with alcohol and drug problems to seek help
According to recent research, it’s a message that many workers need to hear.
- 75 percent of the nation’s current illegal drug users are employed—and 3.1 percent say they have actually used illegal drugs before or during work hours.
- 79 percent of the nation’s heavy alcohol users are employed—and 7.1 percent say they have actually consumed alcohol during the workday.
Drug-free workplace programs help protect employers and employees alike from the potentially devastating consequences of worker alcohol or drug abuse. Establishing policies, educating about the dangers of alcohol and drug use, deterring and detecting use, and urging people to seek help for alcohol and drug problems are smart safety strategies. They’re also smart business strategies.
Drug-Free Work Week is a time to reinforce the importance of working drug free in positive, proactive ways. To get Drug-Free Work Week resources or learn more about how your organization can participate, select one of the following:
- Drug-Free Work Week Tool Box
- Ideas for Individual Employers and their Employees
- Ideas for Associations and Unions
Related Posts and Articles:
Free Drug-Free Workplace Toolkit
Deciding Whether To Drug Screen Employees
Employee Screening and Drug Tests
Photo Credit: singsing_sky
Deciding Whether To Drug Screen Employees
August 26, 2008
As a hiring manager, you may initially feel uncomfortable with the thought of requiring drug tests from job applicants. Some human resources personnel feel that doing so encroaches upon applicants’ privacy. In truth, drug screening prospective hires can protect your company and your employees. Here are a few reasons why you should drug screen job candidates…
Drug Screening Protects Your Business
If you hire an employee who has a history of drug abuse, you could be held partially or fully liable for his actions while on the job. By drug screening applicants, you can eliminate those who have had a drug problem in the past. If something drug-related were to happen in the workplace and an employee is injured, prior drug screening would help insulate your company from a negligent hiring claim.
It Maintains Employees’ Safety
Some jobs require employees to operate machinery or potentially-harmful devices. If an employee who is operating this machinery under the influence of drugs makes a mistake, other workers can be injured. Not only will a drug screen prevent drug abuse in the workplace from endangering your staff in the first place, but it’s often a legal requirement for employers.
Drug Abuse Can Have A Massive Cost
If your workplace or your staff is exposed to an employee with a drug problem, the costs can be enormous. It can lead to employees becoming hurt, expenses related to negligent hiring lawsuits and damage to computers, machinery and other company assets. In some cases, the actions of employees who are under the influence of drugs have resulted in businesses having to close.
Drug screening job candidates plays a key role in finding high-quality employees for your company. Doing so protects your current staff from injury and insulates the workplace from damage and disruption. Finally, it helps shield your company from negligent hiring lawsuits. If you’ve been reluctant to conduct drug screening on new hires, consider the above reasons. The sooner you include it in your employee screening program, the better.
Related Posts:
Free Drug-Free Workplace Toolkit
4 Tips on How to Avoid Negligent Hiring Lawsuits
5 Smart Hiring Tips To Implement Today
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Free Drug-Free Workplace Toolkit
July 28, 2008
The Substance Abuse and Mental Health Services Administration of the U.S. Department of Health and Human Services has released a new drug-free workplace toolkit. The toolkit provides employers with the latest information, resources, and tools for producing and maintaining a drug-free workplace.
Why You Should Care About Having a Drug-Free Workplace?
Because Substance Abuse in the Workplace Is a Widespread Problem
Alcohol and other drug abuse is widespread in our society. It affects us all in many ways. Although national, State, and local efforts have begun to show encouraging results, the problem of alcohol and other drug abuse remains a serious problem. No workplace is immune. According to the 2006 National Survey on Drug Use and Health, 74.9 percent of all adult illicit drug users are employed full or part time. Most binge and heavy alcohol users are also employed full or part time.
Because Substance Abuse in the Workplace Can Have Serious Consequences
Substance abusing employees often do not make good employees. Studies show that, compared with non–substance abusers, they are more likely…
- To change jobs frequently
- To be late to or absent from work
- To be less productive employees
- To be involved in a workplace accident
- To file a workers’ compensation claim
Workplace substance abuse can also have a serious effect on people other than the abuser. For example, some studies suggest that working alongside a substance abuser can reduce nonabusers’ morale and productivity. It also is quite common for substance abusing workers who are involved in workplace accidents to injure other people (rather than themselves), especially if they work in safety-sensitive industries, such as the transportation or construction industry.
Because, in Some Cases, It’s the Law
In 1986 the President signed an Executive order mandating that all Federal agencies be drug-free.
In 1988, Congress passed the Drug-Free Workplace Act, which requires Federal grantees and recipients of Federal contracts of $100,000 or more to comply with certain regulations.
And Because Good Programs Can Help
Employers who have implemented drug-free workplace programs have important experiences to share:
- Employers with successful drug-free workplace programs report improvements in morale and productivity and decreases in absenteeism, accidents, downtime, turnover, and theft.
- Employers with longstanding programs report better health status among, and decreased use of medical benefits by, many employees and family members.
- Some organizations with drug-free workplace programs qualify for incentives, such as decreased costs for workers’ compensation and other kinds of insurance.
- Employers find that employees, employee representatives, and unions often welcome drug-free workplace programs. If you do not have a program, your employees may be wondering why.
Click HERE to download “Making Your Workplace Drug-Free: A Kit for Employers.”
(This is a PDF download. Please be patient)
