Liar Liar Pants On Fire – What’s Hot in Background Screening News

April 2, 2013

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Welcome to another edition of “What’s hot in employee background screening news”. If you want to learn more about background screening and privacy issues, you’ve come to the right place. Here are some of the interesting items that caught our attention last month.

Can you spot the fake reference?

Sites offering fake reference services continue to spring up. A company called the Reference Store provides fake references for professionals with questionable work histories. The founder of the business said his site fabricates professional resumes and provides credible telephone references for as little as $50.

This is a good time to review your Facebook privacy settings

Facebook has a new tool called Graph Search that lets you search for people based on their Facebook activity. The new tool searches across all of Facebook and you need to be aware of posts from family, friends, and coworkers that may contain information about you that ought to be private, especially photos and videos.

Facebook Photos Reveal Employee Dishonesty, Termination of RN on FMLA Leave

A registered nurse (RN) claimed she could walk and stand only for limited periods and required FMLA leave. Her coworkers discovered Facebook photos that told a different story.

You will be Googled

Chances are high that a recruiter or hiring manager will Google you online before offering you an interview or job. Here are five easy things you can do to manage your online reputation.

New I-9 Form Finally Released; Employers Must Use It by May 7

U.S. Citizenship and Immigration Services (USCIS) announced the release of the new I-9 Employment Eligibility Verification Form. All employers are required to use the new I-9 immediately to verify the identity and employment authorization eligibility of their employees.

When HR Googles A Candidate, Everyone Loses

“When HR googles a candidate, everyone loses. If you want to know who you are hiring, ask that person. Then hire a third-party background check organization to verify what you have been told. That’s called recruiting.”

12 simple steps to safer social networking

“It’s impossible to remain completely anonymous while you’re using social media—anonymity would defeat the point—but every network has a few key, commonly overlooked privacy settings that take only minutes to set up and drastically improve the security of your shared data.”

Photo Credit: ktylerconk

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Insanely Simple Employee Background Screening

June 15, 2012

I recently read Ken Segall’s new book “Insanely Simple: The Obsession That Drives Apple’s Success”. Ken Segall is an advertising executive who worked closely with Steve Jobs for over 12 years at NeXT and Apple. He’s the guy who came up with the iconic iMac name and helped develop Apple’s famous “Think different” campaign.

The book takes you on an entertaining and insightful journey through Steve Jobs’ world. You understand how Jobs’ love of Simplicity made Apple one of the most successful companies in the world.

This got me thinking about my own company and how much I love Simplicity. Employee background screening is a complicated process that is getting more complicated every day. But we make it simple. Our cloud-based employee screening software is incredibly easy to use.

You log in, enter the applicant’s SSN, a few clicks to verify the information and your background check gets ordered. No more time consuming data entry and errors. We make sure you receive an accurate, compliant background check.

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Insanely simple employee background screening

Employers Beware – What’s Hot in Background Screening News

March 2, 2012

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Welcome to our monthly edition of “What’s hot in employee background screening news”. If you want to become smarter about background screening, you’ve come to the right place. Here are some of the news items that caught our attention last month.

FTC Warns Marketers That Mobile Apps May Violate FCRA

The Federal Trade Commission warned marketers of six mobile applications that provide background screening apps that they may be violating the Fair Credit Reporting Act. The FTC warned the apps marketers that, if they have reason to believe the background reports they provide are being used for employment screening, housing, credit, or other similar purposes, they must comply with the Act.

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The Domino’s Effect: How Following the Letter of the FCRA Could Save your Business from a Litigation Chain Reaction

The recent decision of Singleton v. Domino’s Pizza highlights the danger for employers of not complying with the letter of the FCRA. Several delivery drivers filed a putative class action against Domino’s in federal court in Maryland. The case presented a number of issues, including whether Domino’s disclosure form complied with the FCRA despite also including a liability release.

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Pepsi and Criminal Background Checks: Beyond the Buzz

Some of you may have heard in the news that Pepsi Beverages recently agreed to pay $3.1 million to settle a racial discrimination case brought by the Equal Employment Opportunity Commission (EEOC) involving criminal background checks. It seems Pepsi used criminal background checks to screen out not only job applicants with criminal convictions, but also those arrested for or convicted of minor offenses. What does this case mean for employers? Do you conduct criminal background checks on your job applicants? Judging from the buzz in the media, the subject of criminal background checks for job applicants is a real hot button! Employers who do not screen candidates are vulnerable to negligent hiring suits if the employee either steals from the company or commits some other type of crime— especially if pre-employment screening could have prevented the situation.

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Ohio Tries to Ease Job Hunts of Ex-Cons

Gov. John Kasich’s administration is working with private organizations to help knock down barriers created for past offenders by 800 sanctions attached to scores of laws. The state still will conduct criminal-background checks on job applicants, but only after initial screening based on qualifications.

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Behind the Mask: How to Effectively Evaluate a Candidate Before Interviewing

Have you ever been surprised to find out that you were completely wrong about someone you thought you knew? This can happen in the workplace too, but with bigger consequences. Sometimes a great new hire doesn’t turn out to be the shining star they appeared to be during the interview process. There are some important factors to consider when making major hiring decisions that can help you avoid hiring a wolf in sheep’s clothing.

The bottom line of the information you’re about to read is this: Get to know your hires as well as possible before you make them an offer and definitely before they show up to work and begin to display their true colors!

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Colorado Trying to Limit Use of Credit Checks in Employment

Colorado Senators gave initial approval to a measure restricting employers from using consumer credit information against job applicants unless the job they’re applying for is in the financial or security sectors.

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Illinois Online Dating Crackdown: Criminal Background Checks Could Be Coming To State Sites

Anyone who has ever joined an online dating site can probably speak about the risks: the creepy messages, bad dates and failed relationships. But Illinois lawmakers believe there is more than just emotional danger lurking online, and could muscle dating sites into requiring criminal background checks.

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Does Your Background Screening Program Need A Check-Up? – What’s Hot in Background Screening News

February 2, 2012

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Welcome to our monthly edition of “What’s hot in employee background screening news”. If you want to become smarter about background screening, you’ve come to the right place. Here are some of the news items that caught our attention last month.

Pre-Employment Criminal Background Checks: Learning from Pepsi’s $3.13 Million Mistake

Pepsi has agreed to pay $3.13 million and provide job offers and training to resolve a charge of race discrimination filed by the U.S. Equal Employment Opportunity Commission (EEOC).  Based on the investigation, the EEOC found reasonable cause to believe that the criminal background check policy formerly used by Pepsi discriminated against African Americans in violation of Title VII of the Civil Rights Act of 1964.

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Screening Your Background Screener

The employee screening environment is rapidly evolving, making it hard for businesses to keep up. That’s just one reason why businesses are either outsourcing background checks to a partner or are not conducting screenings at all.

For those not conducting pre-employment screening, the case for reconsidering is air tight. If you’re working with an expert partner, it’s important to stay on top of the changing nature of background checks to be sure you’re working with the best partner for your business.

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5 Reasons Why Criminal Background Checks Are a Perfect Storm for a Lawsuit

Criminal background checks of job applicants seems to have reached a tipping point as a topic in employment-law circles. So, what are the key components leading to this perfect storm of EEO laws and how can an employer avoid the perfect storm?

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Former Domino’s Pizza Employees Allowed to Proceed with Class Action Against Company for Background Check Violations

On January 25, 2012, United States District Court Judge Deborah K. Chasanow denied Defendant Domino’s Pizza’s Motion to Dismiss in Singleton, et al., v. Domino’s Pizza, LLC, 8:11-cv-01823-DKC (D. Md.).

In a lengthy opinion, the Court ruled that the plaintiffs properly alleged that Domino’s violated the Fair Credit Reporting Act by (1) running background checks on employees without proper authorization; and (2) “systematically” failing to provide employees with copies of their background checks prior to taking adverse employment action against them.

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Following Deadly Stabbing, Restaurant Could Face Penalty For Hiring A Felon

The killing of a south Charlotte store manager – allegedly by a felon hired to work there – highlights the risks companies take when they hire an employee with a criminal record, or don’t do a full background check on applicants.

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No Background Check Done: Bookkeeper Accused of Stealing $1 Million From Archdiocese

When a church worker was hired by the archdiocese in June 2003, it did not perform criminal background checks on prospective employees, as it does now. Church officials were unaware until recently that the bookkeeper had been previously convicted of grand larceny in one case and had pleaded guilty to a misdemeanor in another.

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Social Media Background Checks : Off-duty Conduct Laws :: Oil : Water

One report suggests that as many as 91% of employers use social networking sites to screen potential employees, with as many as 69% of employers rejecting a candidate because of information discovered on a social site.

Jon Hyman, from Ohio Employer’s Law Blog, has written about some of the risks employers face when conducting background checks on employees via Facebook or other social media sites.

He gives us one more risk to consider: off-duty conduct laws.

29 states have laws that prohibit employers from taking an adverse action against an employee based on their lawful off-duty activities.

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Photo credit: JelleS

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The Importance of Quality Background Checks – What’s Hot in Background Screening News

December 1, 2011

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Welcome to our monthly edition of what’s hot in employee background screening news. If you want to become smarter about background screening, you’ve come to the right place. Here are some of the news items that caught our attention last month.

Unauthorized employee recommendations, references on social media may put employers at risk

Employers are beginning to realize that their employees are sending or receiving recommendations on social media sites, such as LinkedIn, about co-workers’, vendors’, and customers’ work performance or services that are inconsistent with the employer’s policies.  Worse yet, they may even be providing false or fraudulent information.  Employers need to take a hard look at their employees’ recommendations on social media.

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Woman on a crusade for change after her sister was murdered by an air duct cleaner in Florida

When you have work done at your home, do you know who’s coming to your door?

Two local women thought they were safe calling Sears to have their air ducts cleaned.But it turned into a nightmare after a convicted felon with a history of harassing women showed up to do the work.

This could happen to you too, even if the company you hire does background checks.

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Background check law could get some Pennsylvania teachers fired

A new Pennsylvania law requiring all school workers to disclose their criminal history could see some employees who have been convicted of various crimes lose their jobs.

The law, signed by Governor Tom Corbett in June, went into effect in September and mandates background checks for all employees of public, private and vocational schools. Administrators must notify employees of the law and have them return a form reporting any criminal history by December 27.

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Employer held responsible for negligent hiring: Kansas City-area lawyers win $7M verdict over truck crash

A group of Kansas City-area lawyers won a $7 million verdict Thursday for the family of an Arkansas truck driver killed in a 2008 accident.

The truck driver who caused the accident — a driver whose license had been twice revoked — was hired negligently, said lead attorney Kent Emison.

In a statement, Emison said the company could have learned of Quisenberry’s driving history in 15 minutes through a simple background search. He said the verdict is part of a growing trend of employers being held responsible for negligent hiring.

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How effective are background checks in protecting children from abusers?

Experts point a various problems that make it difficult to truly protect children.

Many molesters fly under the radar and don’t have contact with law enforcement for years. Many organizations only do a criminal background check when someone is employed and don’t re-check periodically. Offenders at times plead to lesser charges that might not raise flags. And even Megan’s Law, designed to create as sex-offender registry, has loopholes.

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Cracks in background check system give drug abusers, mentally ill access to guns

Gaps in the Federal Background Check system may be putting guns in the hands of killers, according to a new report by Mayors Against Illegal Guns.

The report finds two huge gaps in the National Instant Criminal Check System (NICS). The biggest one, and hardest to fix, boils down to a communication problem. Many states and state agencies do not cooperate with the system. The blame doesn’t fall on solely on state agencies, federal agencies don’t comply with the background check system either.

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Texas state criminal database is flawed

According to a recent report by the Texas State Auditor’s Office, nearly one out of every four criminal records is incomplete, while some are completely missing for the state’s database.

Thousands of Texas businesses, day cares, schools use the state’s database for criminal background checks.

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Photo credit: Johan AP

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Credit Checks and the EEOC: What’s Hot in Background Screening News

November 1, 2011

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Welcome to our monthly edition of what’s hot in employee background screening news. If you want to stay up-to-date with background screening, you’ve come to the right place. Here are some of the news items that caught our attention last month.

Connecticut Limits Use of Credit Checks in Employment

A new Connecticut law that took effect on October 1, 2011 (Public Act 11-223) makes it unlawful for most Connecticut employers to require employees or prospective employees to consent to requests for credit reports that contain information about their credit scores, credit account balances, payment history, savings or checking account balances, or account numbers. Connecticut is one of only a few states that have enacted such a law.

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National Retail Federation Releases Research on Retailer Use of Background Screenings

Today NRF released its first piece of research on the topic of background screening. We polled retail executives from 96 of the nation’s leading department stores, mass merchants, discounters, drug stores, grocery stores and restaurants to examine their use of background screenings before and during the application and employment process.

The findings? Nearly all retailers – a whopping 97% – utilize background screenings in some form during the application, hiring and employment process, according to the survey. Additionally, a majority of retailers surveyed report that human resources (56%) and loss prevention departments (39.4%) are most often charged with criminal background screenings and similarly are the same departments that can override employment decisions to ensure a fair and open process for all applicants and employees.

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Criminal Records May Not Appear on Background Checks in Texas

Background checks used to screen people in crucial occupations may not turn up criminal records because of gaps in the Texas records database, a new state audit shows.

Prosecutors and courts have failed to submit to the state disposition records on about 1 in 4 arrests in 2009, the audit found. While that is a slight improvement from a 2006 audit, it still means agencies doing the checks can’t rely on the Department of Public Safety Computerized Criminal History System for complete information, the audit found.

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California Joins Other States in Placing Restrictions on Employers’ Use of Credit Checks

On October 10, 2011, Governor Brown signed into legislation Assembly Bill No. 22, which generally prohibits employers from using an applicant’s or employee’s credit history in making employment decisions.  Prior to this legislation, employers could request a credit report for employment purposes if they provided prior written notice of the request to the person for whom the report was sought.  Assembly Bill 22 significantly changes this landscape by prohibiting employers from using credit reports for employment purposes unless the report is used for one of the limited purposes enumerated by the statute.

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Using Arrest and Conviction Records for Hiring. What Does the EEOC Say?

The Peace Corps asked the EEOC for an opinion on the legality of its use of conviction and arrest records to screen potential volunteers. In response, the EEOC published an informal opinion letter, which offers guidance for employers who are considering using conviction or arrest as part of their screening processes.

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Hot Topics in Pre-employment Screening (two-part series on pre-employment screening)

An increasing number of employers are conducting some form of pre-employment screening on job applicants. Employers are researching not only a candidate’s educational qualifications and prior job history, but also a candidate’s criminal history, credit history and online presence. At the same time, the Equal Employment Opportunity Commission (EEOC) and various states have begun scrutinizing the legality of some of these practices.

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Legal Issues Surrounding Social Media Background Checks

The legal risks of making employment decisions using the Internet have become a real concern for businesses, especially when you consider that 54% of employers surveyed in 2011 acknowledged using the Internet to research job candidates. The actual number of employers using the Internet is probably higher, and sometimes companies may not even be aware that their employees are researching job candidates and factoring that information into their evaluations. This is yet another reason to establish an internal procedure for researching job candidates, and communicating your procedure to employees who are participating in the employment process.

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EEOC Examines Arrest and Conviction Records as a Hiring Barrier

July 26, 2011

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On July 26, 2011 the U.S. Equal Employment Opportunity Commission (EEOC) held a public meeting to discuss the employment barriers faced by individuals with arrest and conviction records.

A recap of the meeting can be found here.

Photo credits: Cosima’s Digital Designs

Social Media And Employee Background Screening

June 17, 2010

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I just read another excellent article on the red hot topic of social media and employee background screening. It’s titled “Social Networking Sites: Savvy Screening Tool or Legal Trap?” written by Christa Richer Cook, an employment law attorney with the law firm Bond, Schoeneck & King, PLLC.

For more information, read these related blog posts:

Do you have questions about your employee background screening program?

Our experts are here to help. Ask a background screening expert.

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Over 100 Employee Background Screening Resources

June 7, 2010

Everything You Need To Know About Form I-9 Compliance

May 25, 2010

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Why Employers Must Verify Employment Authorization and Identity of New Employees

Source: U.S. Citizenship and Immigration Services (USCIS)

In 1986, Congress reformed U.S. immigration laws. These reforms, the result of a bipartisan effort, preserved the tradition of legal immigration while seeking to close the door to illegal entry. The employer sanctions provisions, found in section 274A of the Immigration and Nationality Act (INA), were added by the Immigration Reform and Control Act of 1986 (IRCA). These provisions further changed with the passage of the Immigration Act of 1990 and the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) of 1996.

Employment is often the magnet that attracts individuals to reside in the United States illegally

The purpose of the employer sanctions law is to remove this magnet by requiring employers to hire only individuals who may legally work here: citizens and nationals of the United States, lawful permanent residents, and aliens authorized to work.

To comply with the law, you must verify the identity and employment authorization of each person you hire, complete and retain a Form I-9 for each employee, and refrain from discriminating against individuals on the basis of national origin or citizenship.

Form I-9 helps employers to verify individuals who are authorized to work in the United States.

Resources

  • Handbook For Employers (pdf)  – provides guidance on how to properly complete Form I-9, and answers frequently asked questions about the law as it relates to Form I-9  (Source: U.S. Citizenship and Immigration Services (USCIS)

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