|
With an increase in negligent hiring, retention, and defamation lawsuits; spiraling recruitment and training costs; and an upsurge in workplace violence and theft, more employers feel that they have a need to know as much as possible about every potential and current employee. Add that surveys are reporting that 30 to 50 percent of job applicants either lie or exaggerate on applications and during interviews, and the need to investigate and confirm application data is more important than ever. Two common prongs of any background check involve criminal records and checking references.
Our searches are all inclusive and include:
Address identification/verification
Bankruptcies (Nationwide search)
Criminal record search (countywide search)
DOB Verification
DMV record search
Liens & Judgements (nationwide search)
National Criminal File Search
Social Security Account Number Validity Check
Criminal Records - There is no comprehensive federal law that regulates an employers investigation or use of individual arrest and/or criminal conviction records. However, because a reliance on arrest and conviction information as an employment selection tool may inadvertently result in the disproportionate screening of minorities and other protected groups, employers need to be particularly cautious in this area. Because an arrest record is, by definition, not evidence of criminal guilt, such information should generally not be used as a definitive grounds for rejection. However, evidence of a criminal conviction may, depending upon the nature of the conviction and the related circumstances, be information that an employer arguably must consider given the employers primary business (e.g., security) or other federal or state law requirements (e.g., child care or nursing home care providers).
Criminal Records - Myths and realities of criminal history databases. Our nation's courts are among the oldest institutions in this nation of laws, and their many distinct, disjointed, and undesirable systems are a part of that heritiage that remains well into the 21st Century. The term NCIC (National Crime Information Center) is the most famous and misunderstood non-source of data. Simply put, no one other than law enforcement have access to this nationwide FBI database of criminal records. NCIC data is not available to employers. Now what? statewide background checks? They must be good correct? Afterall they are maintained by the state! Unfortunately, not true. These databases were initially designed for law enforcement as a tool. The data is often incomplete, outdated or simply never reported from the court of origin as reporting is not mandated by the state. In short, statewide criminal records searches offer little if any value. The court of origin is the only viable source of accurate data. The most accurate background check available to you is a countywide background search. These searches will identify felony charges that resulted in a conviction, felony charges that were pleaded down to a misdeamor conviction, bench warrants issued by that court and identify pending cases and all records that have not been sealed or expunged. We only perform Countywide Background Searches. We suggest you consider doing so as well.
Reference Checks - Although most employment applications include an employment history section requiring a brief statement as to why an individual left one place of employment for another, vague responses such as career change or work difficulties may not always tell the whole story. Therefore, as part of a background check, employers may wish to contact past employers and supervisors, as they may prove to be valuable resources for obtaining additional work history, general character, or performance information. Despite the existence of state reference immunity laws, however, to thwart potential defamation and other legal claims, many employers do not disclose any meaningful information, especially negative information. If an employer persists, however, sometimes important information may be obtained. At a minimum, an applicant should always be required to sign a release statement that authorizes the prospective employer to contact past employers for job reference information. The release should be included as part of the employment application and retained in the employees personnel file after hire.
|
|