Archives for 2015

The employment trends to watch in the United States in 2016 will focus heavily on those within a few key areas. Because nearly all of these jobs are rich in access to sensitive information, ensuring that those people who are hired meet their exacting standards is crucial for the success of employers. Pre-employment background checks enable employers to hire with confidence.

Health Care Employment Trends

The health care industry is expected to continue its phenomenal growth — to the tune of seeing more than a 25 percent expansion. This figure represents the addition of about four million jobs due to the increasing demands for health care. Life expectations that are projected to continue to lengthen as well as a burgeoning elderly population are the primary drivers behind this growth. Because of the sensitive nature of the health industry — employees not only have access to private documents, but they are also providing care to some of the most vulnerable segments of the population — a comprehensive health care background check is extremely important.

Information Technology Employment Trends

Employment trends in the information technology sector will continue to expand, fueling the need for an additional 212,000 jobs over the course of the year. The top three sectors of this industry — internet publishing and broadcasting, wireless telecommunication and software publishing — are expected to make up 44.1 percent, 40.9 percent and 32 percent of the growth respectively. Access to sensitive information as well as the company secrets that could make a start-up the next big player in the field are key reasons for needing a criminal background check.

Business Service and Professional

There are a number of key industries that make up this segment of the employee base. With a growth of 23.3 percent that will result in the addition of more than 4 million jobs, key areas of employment trends include the scientific, administrative, management and technical services. Because the range of employment possibilities are extensive within this employment sector, a background check is always a wise decision to stay within compliance of the law and to ensure that a business thrives.

Employers can avoid tragedy and liability by investing in a comprehensive criminal background searches before extending an offer of employment to a new employee. Being proactive in this area helps ensure a business’ continued growth and success.

Disclaimer: The information on InstantCriminalChecks.com is governed by our Terms of Use and is never intended as legal advice.

Employers are getting mixed signals when it comes to criminal background checks. As always, human resources professionals are concerned about liability for not having adequate information to make good hiring decisions. Meanwhile, a number of states and municipalities are implementing “Ban the Box” laws that limit how criminal histories can be used.

Nationwide, 18 states and 100 cities and counties have adopted “Ban the Box” regulations, the National Employment Law Project reports. “Ban the Box” rules aim to encourage employers to consider a job applicant’s qualifications before being influenced by the discovery of a criminal history.

What’s driving “Ban the Box?”

The international “Ban the Box” campaign began in 2004 and was named for the checkbox on job applications indicating a criminal background. The campaign has gained significant momentum in the past several years, in part spurred by federal government endorsement.

Trying to level the playing field

New Jersey’s version of “Ban the Box”, dubbed the Opportunity to Compete Act, restricts both public and private employers with more than 15 employees from asking about criminal records before an initial interview.

Like New Jersey, more states and local governments are considering “Ban the Box” regulations that would restrict private employers. For example, the New York City Council recently approved the Fair Chance Act, which requires employers to make a conditional job offer before asking about an applicant’s criminal history or conducting a criminal background check.

What actions should employers take?

While employers may have valid reasons for conducting criminal background checks even at early stages of the interview process, hiring procedures must comply with all local, state and federal laws. Many employers are acting preemptively and removing criminal background questions from applications regardless of current state and local laws.

Employers should ensure that all hiring managers have adequate training on procedures and that any hiring decisions involving applicants with criminal histories are fully documented, notes Small Business Trends.

“Ban the Box”: A new level of complexity

Hiring professionals already follow detailed procedures to avoid any discriminatory practices. “Ban the Box” adds complexity and cost to the process by delaying inquiries about criminal histories. But the burden of responsibility for bad hiring decisions still rests with employers.

Disclaimer: The information on InstantCriminalChecks.com is governed by our Terms of Use and is never intended as legal advice.

Whether a business has one employee or dozens, effective hiring is key to success going forward. Small business (SMB) owners are some of the most hard-working people, so the more streamlined the hiring process, the better.

Here are five steps for small business employee background checks that every SMB should consider implementing:

1. Design an Effective, Consistent Process

Consistency is paramount for small business employee background checks. All candidates should be screened in the same manner. Having an established process that’s proven, documented and utilized with every candidate can help businesses to screen effectively and avoid potential legal action down the road. Consistency is particularly important with any social media screening used as well.

2. Ensure Compliance

Specific hiring laws can vary by state, and employers should take steps to ensure that they are in full compliance with all hiring requirements. Check for “ban the box” laws regarding asking about a criminal background, only use credit reports for applicants where good credit is a necessity, and stay in compliance with the Fair Credit Reporting Act (FCRA), and state/local laws.

3. Inform Applicants About Your Hiring Process

Whether with a printed document or done verbally, employers should make sure applicants are fully aware of what the recruitment, interview and screening process will entail. Employers must also ask for and receive informed consent for more in-depth screening steps such as background checks and the viewing of a credit report.

4. Use a Professional Small Business Employee Background Checks Service

Most small business owners are extremely busy, and this makes outsourcing some of their tasks and duties highly valuable. Enlisting the help of a professional small business employee background checks service can free up time and energy for focusing on strategizing, innovating and running the business.

5. Craft Targeted Questions for Each Position

Small business owners should develop precise questions for each open position so that ideal candidates can be more efficiently and easily determined. Scores can be assigned to potential answers to help rule out applicants who aren’t a fit early in the process. Additional screening tools and questions can be utilized in the form of a verbal or written test.

Entrepreneurs are the heart and soul of business, and effective hiring is crucial for growth and continued success. Just about every SMB can benefit from implementing these five tips and for performing quality small business employee background checks.

Source: http://www.scientificamerican.com/article/facebook-snooping-on-job/

Disclaimer: The information on InstantCriminalChecks.com is governed by our Terms of Use and is never intended as legal advice.

Temporary and contract workers seem to be more prevalent than ever, filling roles both short and long-term. The category of contingent workers includes consultants, agency workers, outsourced workers and other freelancers. There are more of these self-employed free agents in the marketplace than ever, and studies have shown that the use of contingent workers will only grow in the years to come.

There are many benefits to hiring contingent workers, including the ability to “try them out” with less risk than hiring a full-fledged employee. In some cases, it just makes more sense to hire a temporary or freelance worker to fill a role that will be brief or project-focused. However, just because a worker’s time at the workplace will be limited doesn’t mean that they shouldn’t be thoroughly screened.

Here are four reasons that all contingent workers should be screened in the same manner full-time employees are:

1. Negligent Hiring Liabilities

Whether a worker is an employee or a freelancer, if they are on the premises and cause harm in the workplace, the employer may still be held liable for negligent hiring. This risk of legal action and financial impact should compel businesses to screen all workers, no matter how seemingly minor their role.

2. Optimizing the Talent Pool

No matter what role a worker plays, they are part of the team that comprises the company at that time. Small businesses need and deserve every advantage possible, and employment background checks can help to ensure the best quality workers in all areas.

3. Even Agency Workers May Not Be Fully Screened

When a business hires a worker from a temp agency or firm, they often assume that they are thoroughly vetted and screened. Unfortunately, this isn’t always the case. An employer should never assume that a consultant or temp worker is trustworthy and they should verify that a background check has been performed.

4. Peace of Mind

Business owners have enough to worry about. Knowing that each and every worker has been thoroughly vetted and screened can help them to rest easier both at the office and when they are enjoying their time off.

Contingent workers – freelancers, consultants, independent contractors and temporary workers – are a bigger part of the workplace than ever before. For continued success, businesses should screen all workers, including the contingent sector.

Disclaimer: The information on InstantCriminalChecks.com is governed by our Terms of Use and is never intended as legal advice.

In recent years, it has become commonplace for employers to review the personal credit histories of job applicants before making hiring decisions. In fact, almost half of employers run credit checks when considering prospective workers, according to a survey of human resources managers.

New York City recently enacted a law prohibiting employers from checking credit histories except in limited situations. Is this movement to limit credit checks likely to spread, and what are the ramifications?

Why do employers check credit histories?

Opponents of employment credit checks are holding up the New York City law as an example that other cities and states should follow. However, the federal Fair Credit Reporting Act (FCRA) allows employers to check the credit of applicants.

Employers often use credit reports to judge an applicant’s financial stability and sense of responsibility. About Careers notes that a number of items on a credit report can trigger red flags for hiring:

• High credit utilization or recently incurred late fees may be viewed by an employer as an inability to follow a budget.
• Liens, bankruptcies or foreclosures may be viewed as signs of irresponsibility. Employers also may infer that employment candidates don’t think about the long term.
• Opening or closing new accounts may appear as a sign of financial desperation.

What are the arguments against employer credit checks?

Federal law requires employers to receive permission from an applicant before performing a credit check. But opponents of the practice argue that most individuals are unlikely to refuse the request of a potential employer regardless of how the results may impact job prospects.

The reliability of credit checks as a predictor of job performance also is subject to debate. A 2012 study published in The Psychology-Manager Journal found that information pulled from applicants’ credit reports showed no relationship to termination decisions or ratings in performance appraisals. In addition, some consumer advocacy groups have argued that credit checks lead to discriminatory hiring because they disproportionately screen out minorities.

Employment credit checks: On the way out?

New York City’s new restrictions on employer credit checks are among the toughest in the country, experts note. But the city is not alone in acting to restrict credit checks by employers except in cases mandated by federal law. Currently, 11 states limit access to applicant credit information, and efforts are afoot in Congress to prohibit the practice. Employers who currently use credit checks to evaluate prospects should remain vigilant to possible changes at both the state and federal levels.

Disclaimer: The information on InstantCriminalChecks.com is governed by our Terms of Use and is never intended as legal advice.

As a business owner it is your responsibility to not only protect your customers from abusive or violent employees, but also the people who work for you to make your business great. Vetting potential employees and discovering the truth of criminal histories isn’t always as simple as it sounds due to the many local, state, and federal laws. These laws are designed for the noble purpose of giving some non-violent criminals a second chance.

In fact, conducting improper criminal background screenings or using the information received in an improper manner can be costly. First, by exposing your business to lawsuits and second with the threat of government action – including fees and fines.

But, what can businesses do to protect themselves from the risks associated with criminal background screenings while still providing the protections customers and employees deserve?

Know the Law

It’s always wise to study the latest local, state, and federal laws related to hiring practices. It’s simply good business. For the purpose of background checks, it’s important to know what kinds of criminal background screenings you can conduct and how the information obtained may be used for hiring purposes. This includes criminal histories, employment histories, and credit reports.

Purchase Employment Practices Liability Insurance Coverage

No matter how careful you are to walk the fine line regarding hiring practices, no one wants to face a negligent hiring lawsuit, warranted or not, without this invaluable insurance coverage. It protects your business even if the suit is determined to have no merit and will help you pay legal defense costs up to the covered amount. In the event you are found to be guilty and a judgment is awarded, the insurance should pay some or all of the claim – again up to the covered amount.

Hire an Agency that Specializes in Criminal Background Screenings in Your State

While you’re ultimately responsible for your hiring decisions, working with a reputable organization that provides criminal background screenings can help you rest easier with the choices you’ve made.

Criminal background checks play important roles in helping employers protect the people who buy their goods and services as well as the people who work for them. While there is some risk involved, these quick tips help to limit the risks while maximizing the potential rewards.

Disclaimer: The information on InstantCriminalChecks.com is governed by our Terms of Use and is never intended as legal advice.

While some employers scan applicants’ social media presence as a natural part of their screening process, many states are now enacting laws to protect applicants from discrimination based upon their personal postings. Employers must be vigilant in order to avoid potential legal problems down the road from conducting social media screening.

The Society for Human Resource Management (SHRM) reports that 77 percent of its members used social media to recruit and select employees in 2013, up substantially from past years. On the face of it, social media seems to be an ideal tool for job applicant screening. However, it’s not quite that simple; while using social media to recruit candidates is generally acceptable, conducting background checks based on social media can lead to some risks and hazards.

Here are four ways to maximize the benefits of social media screening while minimizing the risks:

1. Stay Diversified

Believe it or not, there are people who are not very active on social media, and this includes job seekers. Those who are economically disadvantaged may have limited access to technology, and this can extend to certain minority groups. The best bet for employers is to diversify recruiting methods and use social media as just one of an arsenal of tools. This could include a professional criminal background check as part of employment screening with applicant permission.

2. Be Consistent

If you are going to look at social media profiles as part of your screening process, attempt to do so for every applicant. Don’t just look at and consider select applicants’ profiles; doing so could leave you vulnerable to a discrimination suit if you decide not to hire based upon what you find.

3. Consider Context and Source

When assessing social media as part of the hiring process, focus on the candidate’s own postings, not on responses or hearsay from other users. Be aware that there can be false or impostor accounts on social media, and users are not always who they say they are. Give the candidate the opportunity to respond to and defend themselves against negative findings.

4. Document Your Findings, Thought Process and Decisions

Print the social media screening page(s) upon which you’ll be basing a hiring decision and take notes about your specific reasons for rejection. This documentation will help to protect you in the event that the content is deleted during a challenge or suit.

Using social media screening as part of background screening is valuable, but it must be done intelligently. Augment any social media screening with a professional background check for a comprehensive assessment of each candidate.

Disclaimer: The information on InstantCriminalChecks.com is governed by our Terms of Use and is never intended as legal advice.

There are certain federal laws in place that protect employees and job applicants from discrimination. They prohibit discrimination based on disability, religion, gender, national origin, color, race, age (40 or older), and genetic information (includes family medical history). The Equal Employment Opportunity Commission (EEOC) enforces these laws and ensures that employers comply with the EEOC.

When employers make personnel decisions such as reassignment, promotion, or hiring, they often conduct background checks on the employee or applicant. In most cases, an employer or prospective employer can legally ask questions about a person’s background including their employment history, education, credit or financial information, criminal data, and even use of social media. They may require a background check as one of the terms of employment or promotion.

Employers who conduct background checks using any company that compiles background data as a business is required to comply with the Fair Credit Reporting Act (FCRA). The FCRA is enforced by the Federal Trade Commission (FTC). Any employer who conducts a background check on an employee or applicant must do so within the limits of these laws.

Key areas of EEOC and FCRA compliance include:

• Equality – Employers must always ensure that they are treating all applicants or employees equally. It is illegal to conduct a background check only on applicants or employees who are of a specific race, gender, disability, or other specifications. The same process must be uniform across all applicants or employees. For more EEOC information, visit the website www.eeoc.gov.

• Before initiating a Background Check – Employers are bound to laws under the FCRA to:
  • Inform the applicant or employee that the data may be used to make a decision about their employment
  • Inform the applicant or employee of their right to obtain a description of the scope and nature of an investigation when an investigative report is requested
  • Obtain the applicant’s or employee’s authorization in writing to allow the background check to be conducted
  • Provide to the company conducting the background check that the applicant/employee has been notified, the request is in compliance with all FCRA requirements, and no discrimination has taken place or will take place (or other types of inappropriate use of the data)

• Disability Related Problem in Background Check – If the applicant or employee has a problem in their background check report that is related to a disability the employer should make exceptions if the person can adequately demonstrate their ability to do the job. Failure to do so could result in discrimination claims. There are also certain provisions for individuals who have a criminal report.

• When adverse action is taken – When an applicant is not hired or an employee is terminated due to information obtained in their background check, the employer must inform them in writing of the information in the report led to their rejection/termination. Information on the company that created the report, including name, address, and phone number must also be given to the individual. Additionally, they must be advised that the company that generated the report did not make the decision and that they have the right to dispute the completeness or accuracy of the report.

Regardless of the decision, employers must retain the all employment or personnel records, even applicants who were not hired, as well as background checks and other application related material for a minimum of one year after the personnel action was taken or the records were created, whichever is later. The retention timeframe is two years for local and state governments, educational institutions, and federal contractors with 150 or more employees and a government contract that is $150,000 or greater. In the event of a discrimination lawsuit, the employer is required to maintain all records pertaining to the individual until the case is completed and closed.

Disclaimer: The information on InstantCriminalChecks.com is governed by our Terms of Use and is never intended as legal advice.

With compliance and liability such pressing concerns these days in most business arenas, it’s more crucial than ever for business owners and HR departments to not fall victim to resume fraud. Unchecked, bad hiring decisions can snowball into regulatory sanctions, fines and lawsuits. Successful hiring leads to valuable assets who are loyal, dedicated and hard-working; however, poor hiring can lead to lost productivity and even breached safety and violence in the workplace.

The best way for businesses to protect themselves against resume fraud and maximize the odds of a successful hire is by knowing the truth about each potential candidate. Understandably, all applicants strive to show themselves in the best possible light; however, in this challenging economy and job landscape, some people take this too far and into the realm of exaggeration, stretching the truth, or outright lying. An AOL Jobs survey found that 26.5% of respondents admitted they’ve lied on a resume or would consider doing so.

Any type of fraud is a threat to a business, and lying on a resume is one of the most insidious types. Employers should know who they’re hiring.

Some of the red flags to watch out for when it comes to resume fraud include:

Discrepancies. Employers should look at all resumes with a critical eye. Time frame discrepancies, errors and omissions should all be explored deeper. If an achievement or accomplishment seems too good to be true, it just might be. Use the internet to fact-check everything you can, and make phone calls to listed organizations and references.

The long-term unemployed. A SHRM-funded research project found that the longer someone has been out of work, the more likely they are to fabricate parts of their resume. Inquire about any and all employment gaps.

Those with a history of dishonesty. If someone has committed fraud or other crimes before, they are more likely to be unscrupulous again in the future. Employment background checks can help with finding out the truth about a person’s past actions in both the workplace and their personal life.

Interview inconsistencies. Interviewers should get key questions ready ahead of time to effectively vet each potential new hire, especially if there are questions about the veracity of the claims on a resume. Any interview answers that don’t add up should be explored and verified.

Resume fraud can occur in any department and at any level of a company. While the hiring party can use their intuition when considering an applicant, the only way to check if a candidate doesn’t have a criminal past is with a criminal background check.

Disclaimer: The information on InstantCriminalChecks.com is governed by our Terms of Use and is never intended as legal advice.

Employers have a responsibility to hire people who will not only be respectful and conscientious on the job; they must also screen out workers who could pose a threat to the other employees and create an unsafe workplace. If an employer fails to do so, they could face negligent hiring claims.

Clearly, quality hiring decisions are key to a successful business and a positive brand image. However, they are also crucial to workplace safety.

Here are some key things employers can do to avoid negligent hiring claims and help to ensure a secure and effective workplace:

1. Safe Workplace Structures and Procedures

Workplace safety starts with a well-organized work environment. Safe procedures, ergonomic equipment and well-trained staff make it easier for new hires to fall in line with workplace safety. This sets the tone for efficient, effective and safe operations going forward for both staff and customers.

2. A Brand Ethos of Safety

Safety and security should also be a part of the workplace brand. Creating an atmosphere of quality operations and accountability automatically builds this energy into the workplace. Safety can then become “contagious” in a positive way to both current employees and new hires.

3. Verify Credentials and Work History

Just because it’s listed on a resume doesn’t make it automatically true. If an employer doesn’t verify an applicant’s work history, schooling and accomplishments, this could play into a negligent hiring lawsuit later.

4. Following Up with References

It’s one thing to ask for references or see them on a resume; it’s another to actually follow up and contact them. It’s the responsibility of employers to check past employment history and character references to verify that the potential new hire doesn’t have a history of questionable behavior.

5. Thorough Background Checks

A background check is one of the most effective ways to avoid a negligent hiring lawsuit. Most negligent hiring claims are based upon the filer believing the employer should have been abreast of an individual’s history. If there is criminal activity, violence, sex offenses or other unsavory activity in an applicant’s past, employers should become aware of this. If they haven’t screened for this and hire the person, they could be sued for negligent hiring. For some jobs, drug screening, a physical, a credit check and/or a driving record search may also be required to avoid negligent hiring claims.

Negligent hiring is a risk and concern for a range of industries. While specific requirements can vary from state to state, any business can benefit from following these five tips for safe, responsible hiring.

Disclaimer: The information on InstantCriminalChecks.com is governed by our Terms of Use and is never intended as legal advice.

Source: http://www.hg.org/article.asp?id=31800