CUSTOMER RESOURCES

The Candidate's Experience with a Background Check and Hiring

When applying for a job, what will a candidate experience? From the background check and beyond, we review the process from start to finish.

woman with computer and phone applying for job

Many employers may view the hiring process simply as a tool or a pipeline to bring talent into their business. Attract applications, vet candidates, make selections, hire them and slot them into an existing team. However, it is vital not to take a one-sided view of the process—hiring is about more than attracting assets to support a company's functioning. It is also about achieving buy-in from applicants throughout the process. It is essential to focus on the candidate experience, from how you background check them to how you run interviews.

A good candidate experience can create a motivated team member eager to demonstrate that you made the right call. An unpleasant experience can mean offers left on the table and an inability to attract or retain talent. For a small business, the quality of the workforce and its importance are amplified. Every person counts.

That doesn't mean the way forward isn't immediately apparent. Instead, we need to take a step back and evaluate the entire process. What is an applicant's journey? As we answer that question, compare your own processes and imagine what a job-seeker experiences with your employment process. Think about reshaping your process to empower and excite those who will be the best fit on your teams.

What Creates a Positive Candidate Experience?

Before we break down each stage of the candidate experience in recruitment and hiring processes, what should every SMB strive to achieve? You can take action at each stage, but there is also a holistic approach to consider. The following are key factors and feelings that should be present throughout the entire process, not only at any one stage.

Developing a better hiring process and a work environment based on your brand and its values should involve the following core components.

  • Demonstrate interest and engagement with every applicant. Foster a warm, inviting atmosphere founded on your values and centered on your mission. Remember that applicants evaluate you just like you assess them.

  • Personalize experiences wherever possible. Don't be a faceless business with opaque processes disconnected from human experiences. Applicants don't want to be just another number. SMBs have unique opportunities to build teams by fostering a personal connection.

  • Reduce friction from as many places in the process as possible. Don't make completing applications complicated, frustrating, or annoying. Test the systems yourself and imagine a job-seeker in your position.

  • Be communicative. The more engaged you are in exploring a candidate's employment history, the more they feel seen. That can make a difference to successful job offer levels in competitive industries and roles. Don't cease communications and disappear.

  • Be transparent. From pay scales to the types of background checks you use, help applicants establish clear expectations.

  • Be prompt. Job-seekers don't want their time wasted any more than you do. Communicate clearly about timelines around their pre-employment background check.

  • Be kind when you decline. When disqualifying an applicant due to a background check result, satisfy your legal obligations. Let applicants know when you've decided not to proceed with the process.

Let's investigate how Human Resources or a hiring manager can apply these principles across the process to create a better candidate experience.

The Job Applicant's Journey, Step by Step

Individuals seeking jobs will have a range of experiences throughout the hiring and onboarding process. Many people submit multiple applications to different businesses simultaneously, and some may even continue applying to other jobs throughout the process. Differentiating your business fosters a great candidate experience, which can make an impact further along in the process.

Not every job offer you extend guarantees acceptance. Crafting an improved experience can help you stand out from the competition. For SMBs, that's one key to developing a team that can call attention to your brand. It all starts with the job posting.

Discovering and Recognizing Job Opportunities

A well-crafted job listing and an informative, well-made business website help job seekers notice SMBs in crowded job markets. Researching your business and breaking down the details of your job posts are among the first things a candidate experiences. Avoid dryly written listings that only offer bare facts and no sense of your brand, its voice, or your mission. Tell a story with your postings. Make it a story the suitable applicants will want to involve themselves with.

Job-seekers will often research your business more directly. Tailor your web presence with this in mind, at least in part. Be engaged and visible on social media to promote your business's best aspects. Spotlight any charitable efforts or community engagement programs you organize. When possible, feature stories or testimonials from current or past employees.

When qualified applicants feel optimistic about your business because of their experience during the research stage, they're more likely to move to the next step. Don't expect the right individuals to appear; make an effort to invite their interest.

Completing and Submitting Initial Applications

There's no shortage of stories online from job seekers who have truly appalling experiences with the application process. From TikTok to Reddit and across social media, tales of woe abound – clunky software, systems that demand repeatedly inputting the same resume data, and personality tests that waste hours of time. A lousy application experience is a fast track to souring applicants about your company and its capacity to be a good employer.

Reduce the number of steps to complete an application for your job. Follow modern best practices rather than discredited selection methods. Use applications that users can complete on their chosen platform, including mobile devices. Be clear about expectations and empower individuals to complete applications with ease.

A smooth application process creates a positive impression. The experience at this stage can set the tone for the remainder of your interactions. Better back-end solutions, such as applicant tracking systems, help you stay on top of the process to create improved experiences.

Waiting for Evaluation and Initial Candidate Selection

How your business works once it receives applications is vital. For an applicant, this is one of the least transparent parts of the process. It often requires waiting and hoping for communication from the business. Of course, you must review application data, examine resumes, and ultimately select the individuals you'd like to interview. Selecting the most promising individuals is important—but you shouldn't keep applicants in the dark. Likewise, you shouldn't keep them waiting a long time, either.

A better experience involves immediate personalized communication upon receipt of the application. This communication can establish expectations and elaborate on when applicants can expect more information. If you decide not to select a candidate for an interview, kindly let them know. Continue using personalization in communications with those moving on to the next stage.

Connecting With the Business: Interviews and More

Job interviews still have a valuable place in the application process. They are an employer's chance to ask specific questions and gauge someone's suitability with the organization. Likewise, applicants often see the interview as their chance to judge the company. A frustrating candidate experience with the interview process can leave them disinclined to accept a job offer.

There are many things businesses can do to improve outcomes in this area without sacrificing valuable information. Some of those actions include:

  • Employ skills tests or practical assessments as interview components. Tailor any practical assessments you use so they are not labor or time-intensive.

  • Give applicants a chance to prove themselves or demonstrate their passion. When asking questions, avoid cliches, such as " What is your biggest weakness?” Engage applicants in conversation about real on-the-job challenges and assess how they might respond to a hurdle.

  • Invite the applicant to learn more about the business, such as providing a tour through the building or conversing with an existing employee. Provide more information about your culture. Create a sense of the environment the individual will experience working in the business.

  • Communicate promptly before and after the interview. Offer flexible options, such as remote video interviews.

Just as the candidates do, put your best foot forward during the interview process and make the experience positive. Now, you'll need to decide who moves forward. Politely and personally notify those you won't move forward and conclude the process.

The Background Check Process

For many employers, the background check process begins after the job interview cycle identifies the most qualified and well-suited individuals. Beware of any ban the box or Fair Chance laws in your state or local area. These rules may demand that you postpone background checks until making a conditional job offer. Understand any other regulatory requirements, such as when the law requires you to check an applicant's driving record for DOT-regulated jobs.

Under the Fair Credit Reporting Act, you must obey several directives when conducting background checks. First and foremost is obtaining an applicant's informed consent. You must provide a standalone disclosure of your intent to use background checks for employment. This disclosure informs applicants about the process. A statement of their rights under the FCRA is also key. After providing such documents, you can get an applicant's signed consent to the check—you can't proceed without it.

Even for applicants with clean records, going through different background checks often proves nerve-wracking—especially since it means more waiting on answers. You can help calm nervous candidates by providing clarity and insight into the process. Offer clear timelines related to your consideration process. Obtain and evaluate detailed reports as quickly as possible. Keep individuals informed about the status of your evaluation from stage to stage.

Receiving and Considering the Job Offer

Now comes the time to make the job offer. If you decide not to offer someone a position (or to rescind an offer) because of a background check result, you have compliance matters to consider. Disqualifying candidates because of information in their report falls into the category of adverse actions.

The FCRA mandates that you send a pre-adverse action letter detailing your intent. You must give the candidate time to respond and dispute your findings. Be patient and understanding if a dispute does arise. Otherwise, you may send a final adverse action notice and conclude the process. Consider wishing candidates well in your final communications.

Now comes the time to celebrate with those you've chosen to hire. When you craft offers, be competitive. Build benefits packages that can make a real difference for employees. Focus on tangible things like health insurance and better wages rather than in-office creature comforts. SMBs can define themselves differently from the competition by building offers that clarify that the company cares about looking after its employees.

Be sure to draw attention to all your unique value propositions for employees. Such UVPs could be remote or hybrid work opportunities that help reduce commuting. A variable schedule that's flexible for parents or young professionals is often an attractive feature.

Be as excited to bring a new worker on board as the individuals will be about receiving excellent job offers. Spotlight that joining the team is an exciting opportunity. When a job candidate accepts, you have one last duty in the hiring process: creating a seamless onboarding process that affirms the experience you've crafted from the start.

Engaging With Onboarding

Make onboarding simple, from completing I-9 forms to undergoing orientation and learning about company policies. Use the onboarding process to educate newcomers about all the opportunities they can access in the business. If you run any internal training programs or career development opportunities, highlight them. Make their accessibility a selling point. Showcase examples of internal promotions and how other employees in your SMB have moved up over time.

If you've done everything right, this process will result in a talented and motivated new employee ready to contribute to everyone's success. Considering the applicant's journey, the importance of the candidate's experience is self-evident.

The Impact of Background Check Processes on Candidate Experiences

Let's take a step back to zero on one particular aspect of the process described above: the screening stage.

This moment is critical for employers, especially in ban the box jurisdictions. A criminal background check may reveal disappointing and potentially disqualifying information. Reference or verification checks might showcase problems you didn't anticipate during the interview. You may change your mind based on these check results.

All this takes place while applicants wait nervously to hear back from you. Many companies don't provide any transparency or insight into this process. Leaving applicants in the dark is an upsetting experience. Beginning from a place of openness is critical. So, too, is working around the risks you face.

FCRA non-compliance is the biggest of those risks. Remember, you must obtain informed consent from applicants. That requires particular paperwork with meticulously defined language. Including disclosures with the wrong paperwork has been the root cause of lost lawsuits for many businesses. You must review your obligations carefully to create a good experience for individuals submitting to background screening.

Provide applicants with a general time frame for when they can expect a background check result. Some online websites and other utilities let users see the status of the process. Displaying the various stages, from “submitted” to “report obtained” and “evaluating,” can help applicants understand how much longer they need to wait. When you decide, move on to the following steps: communicating an offer or sending a pre-adverse action notice.

Build Better Experiences and Hire the Right People Today

It's easy for employers to get tunnel vision when dealing with the hiring process. When you refocus your efforts beyond your own needs to create a positive candidate experience, everyone benefits. You can attract more talented job applicants and onboard individuals excited and motivated to work for you. Doing so requires effort, though, especially in areas such as applications, interviews, and background checks.

Reduce friction as much as possible in the recruitment process. Prioritize positive interactions and fast turnaround times on questions or concerns. Develop a candidate experience with the background check that doesn't induce anxiety but provides transparency. Adopt best practices for screening compliance so you can focus on better experiences without concerns about violating the FCRA. Take stock of the experience you provide and explore how you can streamline key parts of your process with backgroundchecks.com today.

Additional Resources


Are Universities Doing Enough When it Comes to Background Checks

Ever since the Penn State and Syracuse scandals came to light, colleges and universities across the country have been asked if they are doing enough when it comes to background checking their staff. One of these universities, Indiana State University, is really asking themselves that question as over the past two months three ISU employees have been arrested. Though the university states that all employees went through a background check and that the arrests are not related to their policy, there appear to be several employees who have been hired that have backgrounds that are less than desirable.

The current policy at ISU states that all new employees of the university are put through background checks including student employees who have access to sensitive information. However, these background checks are only done when an employee is hired and never again. In the case of ISU, they would benefit from hiring a third part background check company like backgroundchecks.com that would be able to offer specific products to enhance the way they are checking their existing employees. Products like their Ongoing Criminal Monitoring service can be added to traditional background checks to monitor for the occurance of new criminal records. ISU would be notified of any new criminal record that appeared for an employee's name.

backgroundchecks.com - a founding member of the National Association of Professional Background Screeners (NAPBS®) - serves thousands of customers nationwide, from small businesses to Fortune 100 companies by providing comprehensive screening services.  Headquartered in Dallas, Texas, with an Eastern Operations Center in Chapin, S.C., backgroundchecks.com is home to one of the largest online criminal conviction databases in the industry. For more information about backgroundchecks’ offerings, please visit www.backgroundchecks.com.

Source: http://www.indianastatesman.com/news/background-checks-can-isu-do-more-1.2776783#.Tzj5CFFAXK4

Chicago Daycare Hires Sex Offender Even When They Knew His Background

A registered sex offender has been working at a Chicago area day care without the knowledge of parents, the community or other employees. Eric Ellis, the employee in question, was hired by the day care through a temp agency. Though Ellis worked in the kitchen and had no access to children, as soon as the management found out about the history of Ellis, they immediately removed him from the property.

Ellis states that both the day care center and the temp agency knew of this background as he informed them both. The day care, on the other hand, states that they only hire temps when regular employees are sick. They rely on the temporary agency to do the background checks on these employees. The day care does not do the background checks on temporary employees themselves, though they do background checks on permanent employees.

Parents had mixed thoughts about Ellis being inadvertently hired by the day care center. Some were understandably upset and are considering removing their children. Others, though happy that Ellis was quickly found, believe it was an honest mistake and do not hold the day care responsible. Both sides believe that the day care needs to re-evaluate the way they get employees, even those through background checks. Though the day care relies on the temporary agency to perform the background checks, they may consider taking a closer look at the results.

It is true that the temporary agency does background checks, but the day care did not take on the responsibility to actually look at the results of the background checks in question. It may be difficult to place blame in this situation as some would say the temporary agency is at fault for not informing the day care center of Ellis’ background and others would say the day care is to blame as they did not take the responsibility to check the background of Ellis themselves. Both agencies should likely re-evaluate their practice in this situation.

There are many third party companies like backgroundchecks.com who perform background checks instantly and have products like a US Offender OneSEARCH that can search through records in seconds. It contains records from all 50 states and US territories like Puerto Rico, Washington DC and Guam. If the day care in question had considered an option such as this, it is very possible that this entire situation could have been avoided.

backgroundchecks.com - a founding member of the National Association of Professional Background Screeners (NAPBS®) - serves thousands of customers nationwide, from small businesses to Fortune 100 companies by providing comprehensive screening services.  Headquartered in Dallas, Texas, with an Eastern Operations Center in Chapin, S.C., backgroundchecks.com is home to one of the largest online criminal conviction databases in the industry. For more information about backgroundchecks’ offerings, please visit www.backgroundchecks.com.

Schools Move to Require Background Checks for Volunteers

In a move that follows many other schools, the Parsippany, NJ Board of Education has made the decision to consider performing background checks on volunteers who have the chance to work closely with children. New Jersey recently made it law to require all members of the Board of Education to undergo background checks and it seems as if the momentum is continuing down the line to include volunteers. The volunteers who would be covered under this requirement would be both those who work in the classroom as well as those who work in after school activities like sports coaches.

Though many are supportive of these changes, others have concerns like cost. The cost of these background checks would have to come out of the schools budget. Another consideration is parents not wanting to go through the hassle of getting a background check done. Some feel that it could deter parents from interacting with students in school which is needed for not only support of the school, but for building relationships.

Should the school decide to go through with this, companies like backgroundchecks.com are able to provide services for full background checks and can also offer products like US Offender OneSEARCH which can search offender databases all over the US.

backgroundchecks.com - a founding member of the National Association of Professional Background Screeners (NAPBS®) - serves thousands of customers nationwide, from small businesses to Fortune 100 companies by providing comprehensive screening services.  Headquartered in Dallas, Texas, with an Eastern Operations Center in Chapin, S.C., backgroundchecks.com is home to one of the largest online criminal conviction databases in the industry. For more information about backgroundchecks’ offerings, please visit www.backgroundchecks.com.

Source: http://parsippany.patch.com/articles/boe-again-takes-on-issue-of-background-checks

Should Door-to-Door Salesmen Under Go Background Checks? Some Say Yes

The city of Huntsville, AL has a proposal on the table that would require door-to-door salesmen to undergo a background check and have to carry a city ID if they want to legally sell their wares. The goal of this move is to not only keep residents of Huntsville safe, but to also weed out anyone who may be selling illegally or selling unsafe products door-to-door.

It is important to note that these background checks would only be required for those who are commercial sales people and professional fundraisers. The background checks would not be required of school children, girl scouts, political candidates, and charitable or religious groups. The proposed legislation in the city would look at the criminal background of each door-to-door salesperson and make a determination based on their background if they will be given an ID card from the city of Huntsville. This ID card would need to be worn continuously and shown when the salesperson approached a home. There would also be a provision added which would make it illegal for them to approach a home with a “No Solicitation” sign. Violators could be subject to a fine of up to $500 and/or spend up to six months in jail.

Should this legislation pass, it seems that those who are ex-convicts or who are paroled would be unable to participate in this program. Even certain misdemeanor crimes would be considered disqualifying events.

The city of Huntsville says they simply want to keep their residents safe, and this is one way that they can go about it. Should a sales person who previously received a city ID card be convicted of a crime, they would immediately lose their ID card and be unable to keep selling in the city limits.

Companies like backgroundchecks.com can be useful to cities like Huntsville who may be considering a move such as this. Not only can backgroundchecks.com perform these checks, they can offer products like Ongoing Criminal Monitoring that would let the city know, immediately, if one of these sales people were indicted or convicted of a crime. This would help the city keep track of who is out on their streets and interacting with their residents.

backgroundchecks.com - a founding member of the National Association of Professional Background Screeners (NAPBS®) - serves thousands of customers nationwide, from small businesses to Fortune 100 companies by providing comprehensive screening services.  Headquartered in Dallas, Texas, with an Eastern Operations Center in Chapin, S.C., backgroundchecks.com is home to one of the largest online criminal conviction databases in the industry. For more information about backgroundchecks’ offerings, please visit www.backgroundchecks.com.

Source: http://blog.al.com/breaking/2012/01/huntsville_considering_backgro.html

Taxi Drivers to Go Through Background Checks to Ensure Public Safety

A bill has been introduced that will ensure taxi drivers in certain areas are subject to background checks before renewing their licenses. there is no law or policy that forces taxi drivers to get their backgrounds scrutinized but if lawmakers have their ways, this will soon change.

Not only will this change of policy protect the public, it will standardize the way cities across the nation hire their cab companies and drivers. The plan is for licensing authorities to make the final call when it comes to granting a license to be a cab driver based on the results of the background check. In many cities, people rely on taxi’s for transportation and when they know the have gone through criminal background checks, they will feel better about taking cabs. Protecting the public is one of the main reasons these checks are being done.

Cities that will bring this policy into their borders can choose to use a third party processor like backgroundchecks.com in order to get the checks done. backgroundchecks.com has products that would be perfect for checking the background of taxi drivers including instant criminal checks and motor vehicle record checks. The information from these types of companies can be to cities and companies who hire taxi drivers.

backgroundchecks.com - a founding member of the National Association of Professional Background Screeners (NAPBS®) - serves thousands of customers nationwide, from small businesses to Fortune 100 companies by providing comprehensive screening services.  Headquartered in Dallas, Texas, with an Eastern Operations Center in Chapin, S.C., backgroundchecks.com is home to one of the largest online criminal conviction databases in the industry. For more information about ’ offerings, please visit www.backgroundchecks.com.

 

Fire Department May Require Background Checks for New Employees and Volunteers

Some cities in the nation are taking steps in order to fully protect citizens. For example, the city of Coatesville, PA is considering putting employees and volunteers from their fire department through full criminal background checks. In Coatesville, there are currently both full time and volunteer firefighters. The new policy, if passed, would only apply to new volunteers and employees, not those who are already serving. One of the main reason the city is considering this change is so full time employees and volunteers will be going through the same process when it comes to background checks.

Though the idea is certainly out there, the city is currently forming an exploratory committee as to decide what will be checked and how extensive these background checks would be. It is important when checking the backgrounds of all employees and volunteers that all of them go through the same process.

The city of Coatesville states that there was no single event that caused this idea to take hold, but there is a history of issues when it comes to the fire department and their lack of background checks. One example is the case of Robert Tracey, who was a volunteer fire fighter.  He was serving as the assistant Fire Chief of the city when a series of arsons took place. Tracey was convicted of the arsons. After his arrest it was found that he had a history of arson as well as two counts of writing bad checks and two counts of theft. He had never been subject to a background check until he was arrested. The fire department has never said that this case is the cause of the move towards background checks, they only say they wish to move in a positive direction.

Companies like the Coatesville, PA fire department can continue to move in a positive direction when it comes to background checks by using the services of third party companies like backgroundchecks.com. The company backgroundchecks.com have a lot of different products, like Ongoing Criminal Monitoring which would be a great idea for the fire department since they are only planning on performing background checks on those who are new hires. This would allow the department to be notified if any of their employees or volunteers are indicted or convicted of any crime.  Keeping the residents of Coatesville safe from fires is one job of the fire department and now they are also moving towards keeping them safe from criminals.

backgroundchecks.com - a founding member of the National Association of Professional Background Screeners (NAPBS®) - serves thousands of customers nationwide, from small businesses to Fortune 100 companies by providing comprehensive screening services.  Headquartered in Dallas, Texas, with an Eastern Operations Center in Chapin, S.C., backgroundchecks.com is home to one of the largest online criminal conviction databases in the industry. For more information about backgroundchecks’ offerings, please visit www.backgroundchecks.com.

Source: http://dailylocal.com/articles/2012/02/01/news/doc4f29ce103245e156859826.txt?viewmode=2

Should Poll Workers Get Background Checks

With presidential primaries and caucuses looming in many states, plans for the next election cycle are in full swing. Many polling locations are planned to be in schools and the city of Madison, WI has something to say about that. They want all poll workers, who will work in one of their city schools, to go through a background check before being allowed to work on Election Day.

Currently the city is looking into ways to get the background checks done, as well as the criteria that will be used in order to make a decision on who can work in a school and who cannot. The question has also been raised asking if all poll workers should be subject to a background check or just those working in schools. The city of Madison has over 2000 poll workers and over 200 of them are scheduled to work in schools throughout the city.

At this time, poll workers are not subject to any type of background check, though they are required to take an oath and attend a training course. If the city of Madison is going to get this enacted, they are running out of time. The primary in Wisconsin will take place on February 21 and the next election is April 3.  

It is important to note that the school districts plan to begin putting poll workers through background checks is not caused by any specific incident, it is only to get in line with school policies and procedures when it comes to employees and volunteers. Since poll workers will be in the school and will technically have access to children, it is important, according to the school, for these workers to go through the same process. The district also states that putting poll workers through background checks will bring a greater sense of safety in schools as well.

Organizations that are planning on doing large volume background checks may want to consider using a third party background check company like backgroundchecks.com. Not only can backgroundchecks.com perform background checks quickly and easily, they can handle high volume business accounts. In addition to doing traditional background checks, they have several products available that will give companies an even better overview of employees and volunteers. One of these products is called the US Offender OneSEARCH which should always be done when someone will be working around children. Taking care to check the background of anyone who is in contact with children is the safest way to conduct business.

backgroundchecks.com - a founding member of the National Association of Professional Background Screeners (NAPBS®) - serves thousands of customers nationwide, from small businesses to Fortune 100 companies by providing comprehensive screening services.  Headquartered in Dallas, Texas, with an Eastern Operations Center in Chapin, S.C., backgroundchecks.com is home to one of the largest online criminal conviction databases in the industry. For more information about backgroundchecks’ offerings, please visit www.backgroundchecks.com.

Source: http://host.madison.com/wsj/news/local/govt-and-politics/school-district-wants-madison-to-do-background-checks-on-poll/article_248aec5c-45b7-11e1-bfbf-0019bb2963f4.html

backgroundchecks.com Legislation and Compliance Update: FTC Warning: A Consumer Report is A Consumer Report Even if You Think It’s Not_1229

The Federal Trade Commission warned several mobile app makers that their products may be consumer reports. According to the FTC’s website, these app makers all performed instant database checks into individual’s criminal histories. The FTC noted that this information, if used for employment purposes, is a consumer report. The on an app that it is not for employment purposes. Instead, the FTC said it would look to indications of actual use, such as where the mobile apps were advertised and who was on the app-makers’ customer lists.

This is who use anything other than a regulated consumer reporting agency for their background reports. (whether mobile apps or websites) . The FTC points out that a consumer report is a consumer report, regardless of whether the companies providing or obtaining it think so. The FTC is absolutely correct.

At a minimum, the FTC and plaintiffs’ lawyers would be able to show a violation of 15 U.S.C. § 1681b(f)(2), which prohibits anyone from obtaining a consumer report without having first certified to a consumer reporting agency the purpose for which the report will be used. Most likely, they would also be able to show a violation of:

·         15 U.S.C. § 1681b(b)(2), which prohibits anyone from obtaining a consumer report for employment without having first told the subject that that it will obtain a consumer report and having obtained the subject’s authorization;

·         15 U.S.C. § 1681b(b)(3), which requires anyone intending to take adverse action based on a consumer report obtained for employment purposes to give a specific notice before taking that action, and

·         15 U.S.C. § 1681m, which requires anyone who takes adverse action based on a consumer report to give a further notice about the action.

It seems probable that the FTC would show this to be a knowing violation, which would entail . More significantly, plaintiffs’ lawyers would show this to be willful, which means that the employer would be liable for

Using a regulated consumer reporting agency like backgroundchecks.com avoids this particular problem. More importantly, it assures employers that the reports on which they make critical hiring decisions were prepared by a responsible agency using processes designed to produce accurate, complete, up-to-date reports. When another service – whether mobile or web – disclaims the FCRA, that is a sign that the report may be too unreliable to be used for hiring.

Boston Prep School Hired Registered Sex Offender to Work with Children

In Boston, the New England Conservatory has recently been under fire for hiring a registered sex offender and having this man on their staff for ten years. Peter Benjamin, who is a freelance videographer, has worked for the prep school by videotaping numerous concerts, performances and rehearsals involving the children of the school. When he was hired, he was not given a background check.

If Benjamin had been giving a criminal background check prior to being hired, it would have been noted that he had spent five years in prison in the 1990’s after being found guilty of sexually abusing teen boys. Though the school has a policy that prohibits the hiring of convicted sex offenders, Benjamin was able to slip through the cracks. He was hired on a freelance basis by the director of the youth philharmonic orchestra at the school Benjamin Zander. Zander would have been in charge of getting the background check done on Benjamin, something he failed to do. Zander has subsequently been fired recently for failing to ensure Benjamin had gone through a background check even though he know about Benjamin’s background.

What makes this even more troubling is not only was Benjamin not required to go through a background check ten years ago when he first started freelancing with the school, he was not put through a background check in 2010 when the school put in a firm policy about background checks for all of their volunteers, vendors and staff. In fact, besides Zander, school officials only found out about Benjamin’s background through an anonymous tip. Parents and the community, of course, were outraged and the school has received over 6000 letters of protest.

This is a situation that easily could have been avoided by ensuring that Benjamin had gone through a background check before being hired. Companies all over the US are upping the amount of background checks they give and with the help of companies like backgroundchecks.com, they are able to stop potentially dangerous situations before they even have a chance to happen.  Though there are no accusations that Benjamin has done anything wrong since working for the school, the chance alone is too much for most people.

backgroundchecks.com has several products, like their US Offender OneSEARCH which could have told the school about Benjamin’s past instantly. Not only could it have given the school information on Massachusetts, it is able to search all fifty states.

backgroundchecks.com - a founding member of the National Association of Professional Background Screeners (NAPBS®) - serves thousands of customers nationwide, from small businesses to Fortune 100 companies by providing comprehensive screening services.  Headquartered in Dallas, Texas, with an Eastern Operations Center in Chapin, S.C., backgroundchecks.com is home to one of the largest online criminal conviction databases in the industry. For more information about backgroundchecks’ offerings, please visit www.backgroundchecks.com.

Drug Roundup at Elementary School Yields Criminal Janitor with No Background Check

Late last month January, Beaumont Independent School District in Texas performed a routine drug roundup in their schools. Though it is not unusual to find a hit or two in the local high school, it was a surprise when a hit was found at Caldwood Elementary School. It wasn’t a student who had drugs on them, but the janitor, Darrel Patrick Clover Jr. When arrested and booked, it was found that Clover, age 32, has a lengthy criminal background, including six misdemeanor drug charges. He has never undergone a background check and has been employed at the school since 1998.

According to the Beaumont Independent School District, non-certified employees, basically anyone who is not a teacher, who was hired prior to January 1, 2008 was never required to go through a background check. The school district had no idea who was working in the same facilities with students. Even though these employees, including janitors, cafeteria workers and secretaries, do not work directly with students, they still interact with them on a daily basis. Parents question if the school district has the best interest of the students in mind with this policy on background checks. The school has stated that Clover has been suspended and that another policy states that any employee found with drugs will be met with criminal charges.

Clover, who had marijuana on him at the time of the arrest, has not yet been charged, but since he was found with drugs in an area that is certified to be a “drug free zone”, it is likely he will be charged with felony drug possession. This recent even raises the question of why all employees who have access to children in a school has not gone through a background check.

In this day and age, it is extremely easy and affordable for companies to get background checks done on their employees. Companies like backgroundchecks.com offer instant information for many types of records including criminal records by county, state and even on a national level. backgroundchecks.com offers many packages and products that can be beneficial for companies and organizations to look into like their Single State OneSEARCH which will pull information from one state and may include information from such places like the Department of Corrections and county courts.

Choosing a third party to do background checks could have prevented this from happening and would have given the school a better idea of who was interacting with their students.

backgroundchecks.com - a founding member of the National Association of Professional Background Screeners (NAPBS®) - serves thousands of customers nationwide, from small businesses to Fortune 100 companies by providing comprehensive screening services.  Headquartered in Dallas, Texas, with an Eastern Operations Center in Chapin, S.C., backgroundchecks.com is home to one of the largest online criminal conviction databases in the industry. For more information about backgroundchecks’ offerings, please visit www.backgroundchecks.com.

Source: http://www.kcentv.com/story/16551081/parents

Should Employees be Responsible for Self-Reporting Crimes?

Some employers, such as the University of Georgia system, are relying on employees to self-report any crimes that they commit while working for them. Unfortunately, as many would expect, this is a flawed system of reporting. Even if an employee of the University of Georgia is arrested, how many of them would actually report that? Surely there may be a few here or there, but overall, a majority would likely not report the incident, which is exactly what happened to Rudo Kieft, a professor in the Department of Biochemistry and Molecular Biology.

Kieft was arrested on November 30, 2011 for DUI in Athens, GA, but was released soon after the arrest. He missed no work, nor did he report the incident to the University, even though the policy was to do just that.  In fact, at this time, the University of Georgia doesn’t even have a policy or any direction on what to do when this situation occurs. In the situation of Kieft, it was simply a fluke situation and not one that was being actively sought. There is no way to tell how many other employees of the University of Georgia may have been arrested or convicted while in their employ, nor any information on what crimes they may have committed.

It is important to mention that the University of Georgia does have a policy to perform background checks on their employees. In fact, a very thorough and complete background check is done upon hiring on each and every employee. However, these background checks are only done when the employee is hired. The employee could work with the University for 15 years, for example, or more, and never have to go through any background check again, which can be dangerous. Periodically running background checks on present employees can help ensure the safety of other employees and will keep the organization a safer place for students and employees alike.

Companies like backgroundchecks.com are able to not only provide extensive and thorough background checks on new and present employees, but they also have a product called Ongoing Criminal Monitoring. This product of backgroundchecks.com is recommended for employers like the University of Georgia who wish to know about arrests made while someone is working for them. The product works by notifying the employer anytime one for their employees are arrested. It can be an extremely important tool for companies to use in order to keep their employees and others safe.

backgroundchecks.com - a founding member of the National Association of Professional Background Screeners (NAPBS®) - serves thousands of customers nationwide, from small businesses to Fortune 100 companies by providing comprehensive screening services.  Headquartered in Dallas, Texas, with an Eastern Operations Center in Chapin, S.C., backgroundchecks.com is home to one of the largest online criminal conviction databases in the industry. For more information about backgroundchecks’ offerings, please visit www.backgroundchecks.com.

Source: http://redandblack.com/2012/01/26/univ-expects-employees-to-self-report-arrests/

Tennessee employers required to collect documents or use E-Verify database

Tennessee employers are required to demonstrate that they are hiring and maintaining a legal workforce under new requirements that became effective January 1, according to Tennessee Department of Labor and Workforce Development Commissioner Karla Davis.

“This online verification process is designed to be convenient for employers and only takes a few minutes to complete. The department can provide assistance to employers who don’t have Internet access,” said Commissioner Davis.

Signed into law by Governor Bill Haslam on June 7, 2011, the Tennessee Lawful Employment Act (H.B. 1378) requires employers to verify the employment eligibility of all newly hired employees through the online E-Verify program (www.uscis.gov/everify), or requesting all newly hired employees to provide one of the following identity and employment authorization documents as required:

  • A valid Tennessee driver's license or photo identification

  • A valid driver's license or photo identification from another state where the license requirements are at least as strict as those in Tennessee

  • A birth certificate issued by a U.S. state, jurisdiction or territory

  • A U.S. government issued certified birth certificate

  • A valid, unexpired U.S. passport

  • A U.S. certificate of birth abroad

  • A report of birth abroad or a citizen of the U.S.

  • A certificate of citizenship

  • A certificate of naturalization

  • A U.S. citizen identification card

  • A lawful permanent resident card

The law also requires employers to obtain and maintain a copy of one of the above-listed identity/employment authorization documents for all non-employees as well. A “non-employee” is defined as any individual, other than an employee, paid directly by the employer in exchange for the individual’s or services.

The employment verification provisions referenced above will be phased in as follows:

  • All state and local government agencies must and participate in E-Verify or request and maintain an identity/employment authorization document from a newly hired employee or non-employee no later than January 1, 2012

  • All private employers with 500 or more employees must and participate in E-Verify or request and maintain an identity/employment authorization document from a newly hired employee or non-employee no later than January 1, 2012

  • All private employers with 200 to 499 employees must and participate in E-Verify or request and maintain an identity/employment authorization document from a newly hired employee or non-employee no later than July 1, 2012

  • All private employers with six to 199 employees must register and utilize E-Verify or request and maintain an identity/employment authorization document from a newly hired employee or non-employee no later than July 1, 2013

The Tennessee Department of Labor has authority to impose penalties for non-compliance. For a first violation, $500 for each employee or non-employee not verified; for a second violation, $1,000 for each employee or non-employee not verified; and $2,500 for a third violation.

The private employer must submit evidence of compliance within 60 days of the final order. If the employer fails to submit such documentation, then the commissioner has the authority to suspend the private employer's license until the employer remedies the violation.

Any lawful resident of Tennessee or any employee of a federal agency may file a complaint alleging a violation of the employment verification provisions of the Act. If there is satisfactory evidence of a violation, the Commissioner of the Tennessee Department of Labor and Workforce Development will conduct an investigation.

As the Olympics Approach, Torchbearers Undergo Extensive Background Checks

In a background check attempt of international proportions, the International Olympic Committee and the London Organizing Committee of the Olympic Games has decided to run background checks on the over 8000 participants who will be carrying torches for relay celebrating the upcoming 2012 Olympic games in London.

The torch bearers will be highly visible during the games and from all over the world as a way to promote solidarity and peace. Like going through a background check for employment purposes, each torch bearer will go through the verification of past employment, education and reference interviews. Since these volunteers will be interacting with hundreds or even thousands of others throughout the games, officials feel this is the best way to ensure safety.

Employers in the US certainly have the same idea when it comes to keeping their employees, clients and guests safe. In fact, in 2012 statistics already show that companies are expected to use more background checks than ever before. With the economy slowly improving, third party background check providers like backgroundchecks.com will certainly be busy in the upcoming months and years as this hiring practice finds its place in modern business. Specific products like the US OneSEARCH offer the perfect solution for companies who perform background checks.

backgroundchecks.com - a founding member of the National Association of Professional Background Screeners (NAPBS®) - serves thousands of customers nationwide, from small businesses to Fortune 100 companies by providing comprehensive screening services.  Headquartered in Dallas, Texas, with an Eastern Operations Center in Chapin, S.C., backgroundchecks.com is home to one of the largest online criminal conviction databases in the industry. For more information about backgroundchecks’ offerings, please visit www.backgroundchecks.com.

Source: http://www.hrmagazine.co.uk/hro/news/1020696/london-2012-extensive-background-checks-torchbearers-protect-olympic-reputation

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