Background Checks

Employee Screening Through Social Networks

July 25, 2008 By Chris Miller

As recently as 10 years ago, screening your job candidates meant picking up the phone and calling their past employers and references. Sometimes, making these phone calls yielded valuable information. Other times, candidates’ relationships with the people you called would influence their opinions.

Over the past few years, social networking websites such as MySpace, LinkedIn and Facebook have provided employers with an opportunity to look at potential employees in a different light.

The beauty of social networks is they invite people to share their lives, thoughts and opinions…all in public. I’ve noticed social networks are blurring the line between “business” and “pleasure”. This can get tricky for employers. Federal and state laws prohibit employment discrimination based on age, race, color, religion, sex or disability. Employers need to be careful when using information from a social network in making a hiring decision. There are no lawsuits yet but I think it is just a matter of time until an employer is sued for using a social network to screen candidates.

Here are some suggestions for employers:

1. Consult with your attorney and develop written policies and non-discriminatory procedures for using social networks to screen candidates.

2. Obtain written consent from applicants so they are aware you will be looking at their online profiles and personal information.

3. If a website is searched by a background screening firm on behalf of an employer, then consent and disclosure are required under the federal Fair Credit Reporting Act (FCRA).

4. Employers should never use fake identities or engage in “pretexting” to gain access to information on social networks.

5. The safest approach is to perform a social network search after there is consent and a job offer is made contingent upon completion of a satisfactory background check.

4 Tips on How to Avoid Negligent Hiring Lawsuits

July 22, 2008 By Chris Miller

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

July 17, 2008 By Chris Miller

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.