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Legal Compliance

E-Verify Under Review

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Homeland Security Secretary Janet Napolitano issued a directive to measure employer compliance and participation with the Department’s E-Verify program and ways that Department of Homeland Security (DHS) has worked both to reduce false negatives in order to protect the rights of Americans and to strengthen the system against identity fraud.

Read the Testimony of Secretary Janet Napolitano before the House Committee on Homeland Security, “DHS: The Path Forward” here.  (Release Date: February 25, 2009)

Employee Screening Legal Update – New York State

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We would like to remind all of our New York clients that on February 1st, 2009, new requirements regarding employee screening went into effect. New York employers must comply with the New York State Correction Law Article 23-A – Section 753 “Licensure and Employment of Persons Previously Convicted of One or More Criminal Offenses.”

Under the amended law, employers must:

  • Post a copy of Article 23-A in a visible conspicuous location at the workplace
  • Furnish a copy of Article 23-A to the applicant prior to conducting a background check
  • Furnish a copy of Article 23-A to the applicant if the background check reveals a criminal record

A copy of Article 23-A can be found here to assist our New York State clients in complying with the amended law.

Photo Credit: fergusonphotography

Employment Interview Questions & Horror Stories

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Horror

HR Daily Adviser posted an “Interview Checklist–The 25 Forbidden Questions” and asked it’s readers to share their horror stories.  Later they posted the worst or most humorous questions submitted.

Here are some examples of actual interview questions:

  • “Are you wearing a skirt or pants?”
  • “Who cuts the lawn in your family, you or your husband?
  • “If I were to ask your husband if you have a bad time during PMS, what would he say?”
  • “Does your parents’ house have a swimming pool?”
  • ”So, you are getting married soon, does that mean you will be leaving us to go have a baby?”

What horror stories do you have?

Photo Credit: seanosh

Best Practice in Employee Screening – Review Your Screening Program Annually

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It’s that time of year to review and update your employee screening program.  This is something that should be done every year to ensure a safe and compliant environment for your workforce and customers.

3 Quick Tips:

  • Check to make sure all written policies and procedures are updated to be in compliance with current state and federal laws.  Example: Did your company update it’s policies and procedures regarding the FTC “Red Flags” guidelines that went into effect on November 1, 2008?
  • Audit your employee screening program to make sure it is being followed consistently throughout your company.

Learn More:

Employer’s 5-Step Guide to Employee Screening

How to Ensure Your Background Check is Legal

Employer’s Guide to Avoiding Negligent Hiring Lawsuits

Photo Credit: smlp.co.uk

3 Critical Reasons To Screen Health Care Employees

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Hospitals and health care facilities are in a uniquely vulnerable position. The problems that are associated with making a bad hiring decision are made worse by the fact that lives are at risk every moment. Not only is a hospital’s staff exposed, but patients can literally be defenseless. It’s important that any health care employee undergoes a criminal background check. Pre-employment screening should be done for doctors, nurses, other care providers, and even a hospital’s maintenance team. Plus, the screening should be ongoing for existing staff.

Today, I’ll explain the 3 most important reasons why hospitals and health care facilities must screen candidates before hiring them.

#1 – Danger To Staff

A hospital’s staff is often busy taking care of patients. Time is limited and it’s seldom spent wondering if a co-worker can be trusted or is going to cause physical harm. If an employee is hired with a violent criminal past, the staff is extremely vulnerable. Instruments can be used violently and medications can be used to poison others.

These things have happened in the past. They’ll happen again in the future. Health care employers must minimize the risk by performing comprehensive background checks on all applicants.

#2 – Danger To Patients

A prospective employee who has been convicted of a violent or drug-related crime is particularly unsuitable for a job that places him in close proximity to patients. Their immediate access to those who are helpless exposes both the patients and the hospital to enormous risk. Hospitals and other health care providers must screen both prospective hires and existing employees to manage this risk.

#3 – Potential Lawsuits

A negligent hiring lawsuit can be expensive. If a patient or staff member suffers physically as a result of insufficient pre-employment screening, they can sue the hospital for negligent hiring. It’s not uncommon for the courts to award compensation in the millions of dollars to victims of workplace violence.

Background Checks To Minimize Hiring Risk

Every business should screen applicants and conduct background checks. Health care employers, in particular, must be diligent with the screening process in order to protect their staff and patients from harm. By searching for past criminal records, verifying past employment and licenses, and clarifying any gaps in work history, they can avoid making a disastrous hiring decision. The alternative is exposing the staff, patients, and the hospital to a hiring catastrophe.

Photo Credit: José Goulão