FYI Employee Background Screening

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Chris Miller

4 Tips on How to Avoid Negligent Hiring Lawsuits

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In these tough economic times companies may be thinking about saving time and money by cutting back on their employee screening programs. This would be a big mistake! If you hire a dangerous or unfit person without doing proper “due diligence” and harm occurs, you are opening yourself up to a negligent hiring lawsuit.

Here are several tips to help you avoid a negligent hiring lawsuit :

1. Create a Program

Create an employee screening program for your company. This program should document employee screening policies and procedures for each position in the organization.

2. Train to Ensure Hiring Managers Follow the Program

Train all hiring managers on the employee screening policies and procedures. Document this training.

3. Audit Employee Screening Program

Create an audit procedure to make sure the employee screening program is being followed throughout the organization. Document this procedure.

4. Ensure FCRA Compliance

If you are using a third party employee screening service make sure they are in compliance with the Fair Credit Reporting Act (FCRA).

Top 4 Things You Need To Know About Employee Screening

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It’s boggling to think about, but many employers still fail to conduct adequate employee screening. Sometimes, it’s the cost. Other times, it’s the perceived inconvenience. But, screening your employees before you hire them is critical. Here are the top 4 things you need to realize about employee screening…

#1 – It Protects Your Staff

Screening your employees is an integral piece to weeding out potential hires who might cause violence in your workplace. By weeding them out, you help ensure the safety of your staff.

#2 – Felonies Are The Tip Of The Iceberg

While there are some job candidates who have been convicted of a felony, there are many more who have been convicted of a misdemeanor. That includes physical assaults, inappropriate sexual behavior and even weapons charges. Plus, keep in mind that felonies are often pled down to misdemeanors.

#3 – Enormous Long-Term Savings

The cost of doing a background check on a job applicant is often less than what you’ll pay that applicant for their first day working. But, if that new employee turns out to be a problem, it can cost your company tens of thousands of dollars.

#4 – Ongoing Screening Is Important

A lot of employers conduct an initial background check before hiring a person. But, they never follow-up with subsequent checks. Periodic background checks on your current staff can help your company manage the ongoing risk of a potential problem erupting.

Screening your employees involves much more than simply calling their references and past employers. Your human resources personnel should have a screening process in place to conduct background checks on both prospective hires and your current staff. The cost of neglecting to do so can be massive.

3 Reasons You Need To Screen Employees

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Job applicants often lie or hide information when they fill out an application or submit a resume. Unfortunately, many companies neglect to properly screen these applicants. Once they’re hired, that opens the door for potential theft, workplace violence, or any number of incidents that may lead to legal action. Screening your potential employees is a critical component of ensuring the safety and productivity of your workforce. Here are 3 reasons you need to thoroughly screen your employees…

Reason #1: Most People Lie

I’m not being cynical. I’m being realistic. Many studies have proven that job candidates routinely fabricate or suppress information on their applications and resumes. You need to validate the information by having an effective screening process in place.

Reason #2: Workplace Productivity Increases

Studies show a direct link between employee screening and workplace productivity. This is largely due to higher attendance, reduced turnover and overall stability of the workplace environment. Checking with past employers can help forewarn of potential employee issues.

Reason #3: Employee Quality Increases

Validating past employment and education are necessary, but both are merely scraping the surface. Screening an employee also means conducting a background check to uncover a possible criminal history. In many cases, hiring new employees with a hidden criminal past has led to theft and workplace violence. Effective employee screening helps to protect your workforce and increases the quality of your staff.

Using Routine Screening Procedures

Every company that hires new employees should be screening those employees prior to offering them a position. Not only will a background check expose a potential criminal past, but it can help ensure your staff’s safety and lead to an overall increase in workplace productivity. Remember, if you trust the information provided on an application or resume without validating it, you could be asking for a major employment headache in the future.

Using Social Networking Sites for Background Checks

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Employers can conduct background checks using websites like Facebook, MySpace, and Google under federal law, but there are several issues they should keep in my mind before they do, according to two employment attorneys.

Brian Van Vleck and Anthony Zaller of the Los Angeles-based law firm Van Vleck Turner & Zaller said that rise in popularity of social networking sites like Facebook and MySpace and search engines like Google has also prompted interest among employers that want to use them for background checks and recruiting purposes.

At the same time, there is some uneasiness among HR professionals because they are concerned that the practice could expose their companies to additional liabilities because the sites contain so much personal information about the individuals who use them.

They both noted that it will take some time before the law catches up with the advances of the Internet. Van Vleck said that he tells his clients that when dealing with the Internet, employers must think about many of the same issues they already face, such as being careful to avoid attaining and using information in a discriminatory way, ensuring that they don’t break privacy laws, and making sure the information obtained is accurate (“you can’t believe everything you see on the Internet”). Both attorneys stressed that employers should also check state and local law before conducting any background check online.

Zaller said that under federal law, employers can generally use social networking sites for background check provided that:

1. The employer conducts the background check themselves. He said that if the employer uses a third-party (consumer reporting agency) to conduct the checks, the information found on social networking sites could fall under the Fair Credit Reporting Act, which has disclosure and notice requirements.
2. The site is readily available to the public. He also noted that it’s important to read the terms of service posted on the sites.
3. The employer doesn’t have to create an alias to gain access. If an employer uses subterfuge to gain access, the company could face liability.
4. The employer doesn’t have to provide false information to gain access to the sites. He said using false information to gain access could come back to bite an employer in court.
5. The employer doesn’t use information for discriminatory purposes in violation of federal, state, or local law. If an employer, for example, discovered that an applicant is gay when the employer used Facebook or MySpace to conduct a background check, and that information was then used to deny employment, an employer could face a discrimination lawsuit if the state bars discrimination based on sexual orientation.

Six Background Screening Mistakes To Avoid

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The top reasons for performing employment background and drug screening today are to mitigate risk, improve the quality of hire, promote workplace safety and meet regulatory compliance requirements.

Even though employee screening has become more common, many organizations still tend to make many mistakes in their screening procedures and practices. These oversights can leave companies vulnerable. Following are six key mistakes companies routinely make:

Mistake 1: Not establishing a standard background screening policy

Just because a company conducts some form of background check does not mean that its recruiters or security professionals are performing the checks consistently or using the data appropriately. Having a standard written policy for every job title ensures that the same types of checks are always performed on like individuals and that data is used in compliance with all company, industry, state and federal regulations. It also avoids any appearance of discrimination.

Mistake 2: Not verifying employment and education

Sometimes the desire to quickly secure a seemingly good candidate can lead a company to accept resumé data at face value. This can be a big mistake. Roughly one-third of all resumés contain some kind of misrepresentation in terms of employment history, education or experience. In addition, “diploma mills” have grown to a $200 million industry and continue to expand. Even for jobs where education or experience is not critical to success, a misrepresentation can signal problems of character in a potential hire.

Mistake 3: Not checking vendors, contractors and temporary employees

One security director of a large multi-national company commented that it was illogical that he had to have a background check and an escort to see his CEO, since the man who serviced the green plants could walk into the CEO’s office any time unchecked and unescorted. One of the greatest vulnerabilities of companies today is among the large number of unchecked suppliers and temporary employees. The sad fact is that people with questionable backgrounds will eventually gravitate to industries where background checks are seldom performed on employees. Making background screening for temporary, contract and vendor-employed workers a standard policy for your company should be part of your company’s policy of internal controls.

Mistake 4: Not conducting international checks when required

Today’s talent pool is global. Even candidates who are U.S. citizens may have some portion of their education or experience that has occurred outside the country. It is just as important to verify international backgrounds as that which occurred locally. International background checking, however, is more complex and governed by many different local statutes, policies and procedures. Human Resources and Security professionals should seek out a competent international screening partner to leverage their country-specific knowledge and expertise and to ensure a quality, compliant process.

Mistake 5: Not protecting against negligent retention

If an employee causes damage or harm in the workplace and recent criminal activity, such as driving infringements or drug abuse could have been discovered by the employer prior to the workplace incident, the employer may be found liable for negligent retention. Conducting checks on all new hires, prior to duty, is essential. Keep in mind, also, that a lot can happen in the years after a new hire comes aboard. Companies should consider protecting themselves with periodic post-hire criminal checks and drug testing.

Mistake 6: Relying on manual internal processes

The more times a candidate’s background information is hand-entered into different forms or systems, the greater the chance for human error. Today’s companies can overcome these problems by seeking out a background screening process that is integrated into their recruitment software. Data from the recruiting solution can automatically populate the background screening request form of your screening provider and checks can be ordered at the touch of a couple keys with no need for faxing or duplicate data entry.

It is important to note that effective background screening requires human intervention and intuition on the screening provider’s side of the fence (criminal checks, for example, often require manual checks of court records and files), so be wary of fully automated systems that provide instant checks. Finding solutions that combine the best of automation and human investigation gives optimum return on investment.

Employment background screening is a far cry from the mom-and-pop detective service of old. Background screening services today are truly an extension of an organization’s security and recruitment departments. Avoiding these common oversights will help organizations get the full benefit from their modern background screening program.