Q. Our job application doesn’t ask for the applicant’s age or date of birth. However, we plan to start conducting background checks on job applicants we’re seriously considering. The company that will conduct the checks for us said the birth date is on all the applications they see and that it’s instrumental to conducting the checks. What should we do?
Employers have a duty to protect their employees from identity theft. The federal Fair and Accurate Credit Transaction Act (FACTA) of 2003 says employers that negligently or purposely let employees’ personally identifiable data fall into the wrong hands can face fines of up to $2,500 per infraction. Here are six tips on developing a data security strategy.
The EEOC has cited national convention marketing firm Freeman Companies with discriminatory hiring practices based on the company’s use of applicants’ credit scores and criminal background checks in hiring.
If discrimination has always been a head-in-the-sand issue for you and your organization, it’s time to get serious about your policies and practices. Discrimination complaints of all types—race, sex, age, etc.—have skyrocketed in the past year as the economy has fallen. Here's how to avoid becoming one of the EEOC's targets.
Q. As I was reading the newspaper recently, I saw one of my employees featured in the arrest column. She had been arrested the night before for driving under the influence. Committed to maintaining a law-abiding workforce, I would like to terminate this employee. Can I?
Employers have a duty to protect their employees from identity theft. The federal Fair and Accurate Credit Transaction Act (FACTA) says employers that negligently or purposely let employees’ personally identifiable data fall into the wrong hands can face fines of up to $2,500 per infraction. Here are six tips on developing a data security strategy:
The practice of sending job-offer letters to successful applicants is well established and well intentioned. But is it wise? Learn what to consider before you dash off an offer letter—plus six more tips on making legally smart job offers.
If discrimination has always been a head-in-the-sand issue for you and your organization, it’s time to get serious about your policies and practices. Discrimination complaints of all types—race, sex, age, etc.—have climbed as steeply in the past year as the economy has fallen. Don’t get caught flat-footed.
Although it may seem counterintuitive, there are many good reasons to launch a one-person HR consultancy as the economy sputters. Despite the layoffs and budget cuts, downsized organizations are still hiring HR consultants and contractors to perform a range of basic services.
Employers that hire outside firms or investigators to conduct employee investigations and background checks must make sure those vendors strictly comply with the Fair Credit Reporting Act (FCRA). Failing to do so can result in substantial legal risks, including damages, penalties, fines, punitive damages and attorneys’ fees awards.
Employees do the darnedest things, and HR and managers frequently wind up trying to undo the damage. Our newest webinar — Today's Most Bizarre Recent Workplace Cases: How to Prevent Outrageous Workplace Behavior (May 28) — tells tales of outrageous employee behavior ... and the lawsuit against the employer that followed. Here’s our take on the topic, with cases pulled from the pages of our HR Specialist newsletters.
The Fair Credit Reporting Act regulates how your company performs a job background check on applicants. Contrary to popular belief, this federal law doesn’t just cover credit checks. It covers any background report, such as driving records and criminal histories obtained from a “consumer reporting agency.”
Beginning Feb. 1, New York employers must comply with two important new state employment laws affecting notification of impending layoffs and the conduct of criminal background checks.
Nearly 1,000 vendors are in the employment background screening industry now, making it difficult to sort out the top tier from the fly-by-night firms.Many sell cheap but incomplete background checks in minutes. Too often, they simply restate old information bought from private data brokers. Good news: Now you have a new yardstick on which to gauge their quality before you conduct a job background check.
Before you make a solid job offer and induce an applicant to make major changes in order to accept the job, consider this: If you end up not being able to follow through on the offer, you may end up sued for breach of promise—in legal terms, called promissory estoppel
The VA Medical Center in Marion has agreed to pay $975,000 to Katrina Shank, whose husband, Robert Shank III, bled to death after former staff surgeon Dr. Jose Veizaga-Mendez operated on him.
Lawsuits may be inevitable in today’s litigious society, but losing them is not. Follow these 10 rules to prevent the most common employment-related lawsuits—or at least increase your chances of winning them.
Employees do the darnedest things, and HR frequently winds up trying to undo the damage. One of the highlights of HR Specialist’s upcoming Labor and Employment Law Advanced Practices Symposium will be a session on “The Most Bizarre Recent Workplace Cases—and What You Can Learn from Them.” Here’s our take on the topic, with cases pulled from the pages of HR Specialist newsletters.
Many of the millions who post information online never think a potential employer might read what they post. Meanwhile, employers believe that if the information is available online for the viewing, they have an obligation to look. However, several laws may restrict how you conduct the search or how you use the information.
Vanessa Niekamp, senior child support manager at the Ohio Department of Job and Family Services, said she feared for her job when she approached the inspector general about background checks performed on Joe Wurzelbacher, better known as “Joe the Plumber” ...
In May 2008, Michigan enacted the Professional Investigator Licensure Act. The act has a significant impact on how employers can conduct background checks and investigations. A violation of the act is a felony punishable by imprisonment for not more than four years or a fine of not more than $5,000, or both ...
Raise your skepticism a few notches. Résumé fudging is on the rise again.The percentage of applicants who falsify their educational credentials and job experience typically goes up when the economy heads south. Here are six ways to root out résumé fraud.
Say you’ve decided to hire a professional employer organization (PEO) to handle some of your HR services—or you’re considering new PEO vendors to replace your current one. You have a choice of more than 700 PEOs to choose from. Prices and services offered by PEOs vary so much it's hard to spot the best deal ...
Employers and HR professionals should make it their policy never to hire a candidate without a comprehensive background check. But, they also must comply with the Fair Credit Reporting Act (FCRA), which regulates how employers perform employment background checks on job applicants. Contrary to popular belief, this federal law doesn’t cover just credit checks.
Do criminal background checks lead to bias? The EEOC will have to weigh that question when it investigates discrimination charges filed against Madison Square Garden by Charlene Clarke. Clarke, a black woman from the Bronx, accepted a food worker position at The Garden in September 2007. One month later, the arena withdrew its offer after Clarke’s background check revealed a misdemeanor assault charge ...
The Internet is an invaluable tool in many workplaces, but lately it’s become a somewhat unexpected cause of employment law litigation. Two issues lead the wired way to the courthouse for employers: gathering information about job candidates through web sites and potential liability for what their employees do while using the Internet ...
In recent years, the Georgia courts have significantly expanded employers’ obligations—and therefore potential liability—in the area of negligent hiring and supervision. At the same time, employees and applicants now enjoy significantly expanded privacy rights. So it's more important than ever for employers to pay close attention to their application, hiring and background-check policies and practices ...
If you are an Illinois employer with 15 or more employees and your application asks job-seekers to detail their criminal histories, expunged criminal records pose a hidden trap for you ...
How safe is the confidential customer information your company keeps? The Privacy Rights Clearinghouse says that, since February 2005, the personal information of 88 million people has been compromised by data security breaches at companies or government agencies ...
In December, the EEOC issued new guidance on employment tests and selection procedures under three laws: Title VII of the Civil Rights Act, the Age Discrimination in Employment Act and the Americans with Disabilities Act. The key to complying is to make sure each employment test is directly job-related and focuses on business necessity ...
Employers that use third parties (referred to in the law as credit reporting agencies, or CRAs) to perform background checks and investigations need to be aware of the requirements of the federal Fair Credit Reporting Act (FCRA) ...
Do you have to treat transgendered job applicants differently? Which
box, if any, do you check on the application—male or female? And what
special laws must you know about?
In September 2004, Martin King and Tobias Ledzema were both driving tractor-trailers in Lake County when Ledzema’s trailer struck King’s. King sued Ledzema’s employer, Fierro Trucking, based in Illinois, alleging negligent hiring and supervision ...
Following the arrest of Department of Children & Families (DCF) spokesman Al Zimmerman on child pornography charges, the DCF inspector general launched a review of the department’s hiring procedures. A report on the results revealed serious security gaps ...
Nearly 1,000 vendors are in the screening industry now, making it difficult to sort out the top tier from the fly-by-night firms.Good news: Starting this month, you’ll have a new yardstick on which to gauge their quality ...
Question: "We have begun running background checks on prospective new hires. But
we're finding that this just adds one more layer of subjective
information for us to weigh. How should we incorporate the results of
background checks into our overall candidate selection process? Are
there pitfalls we should watch out for?"—Linda, Arizona
Take care if you run background checks as part of your job application process. Be sure to document how you handle reference check calls, and document requests. You may need the files later, especially if you don’t hire the applicant in the end and he claims discrimination ...
Al Zimmerman had a solid employment record when the Florida Department of Children and Families (DCF) hired him as a spokesman. He was later promoted to press secretary and received good reviews, right up until his arrest for allegedly paying two teenagers to perform sexual acts while he photographed them ...
Q. I recently read an article about employees who were attacked at work by other employees who never should have been hired in the first place. How can an employer reduce its risk of liability for negligent hiring? ...
Q. We are considering applicants for a management position, including several internal applicants. Our policy is to obtain background checks on all candidates from a consumer reporting agency. If the internal applicants signed consent forms when we originally hired them, do we need to get new consent forms from them? — J.P. ...
Q. We are getting ready to conduct an internal investigation into a series of thefts that have occurred within one of our offices. We would like to obtain background checks from some of the suspected employees, but are concerned that they may refuse to execute the necessary consent forms. Can we require them to do so? — A.K. ...
Q. I've always heard that Georgia does not require that background checks be conducted on employees, except for certain types of employees who work with children or the elderly. Our new HR director believes that background checks are required for other employees as well. Who’s right? — W.P. ...
The FBI and the CIA scrambled to defend their screening practices after discovering that one of their agents was an illegal immigrant with ties to Hezbollah. Officials at the FBI and the CIA insisted the agencies conducted thorough background checks ...
The panel that hired Dr. Jose Veizaga-Mendez as a surgeon for the Marion Veterans Affairs Medical Center (VAMC) is under scrutiny after he was implicated in nine suspicious deaths. A check into Veizaga-Mendez’s records revealed that he lost his license in Massachusetts in 2006 over accusations of “grossly” substandard care ...
No matter the size of your operation, hiring and retaining qualified and honest employees is critical. A recent study found that 36.5% of employment verifications revealed inconsistencies and 14% provided false or inconsistent information about education. That means every employer has a good reason to undertake background checks of all potential employees before making hiring decisions, particularly for positions involving confidential or sensitive information ...
Employers are legally obligated to maintain a safe work environment. When employees commit violent acts against co-workers or customers, employers can be held responsible through negligent-hiring and supervision lawsuits. Each year, roughly 1,000 people are workplace homicide victims. And research shows that killings are five to seven times more likely to occur at workplaces where guns are allowed ...
Six Flags says it probably will reevaluate its employee screening process in the wake of an attack on a teenager on park property this past summer. Three seasonal employees have been arrested for participating in the beating of a 19-year-old Marietta man just outside the park.
Q. I’ve heard that the state of Georgia can help me make sure my employees are honest, law-abiding citizens. In conducting background checks on applicants, what sort of information is available from the Georgia Crime Information Center (GCIC)? ...
More and more employers are conducting criminal background checks on prospective and current employees, and that means employers are asking tough questions about prior arrests and convictions in the application process. To avoid potential liability, your company needs to develop practices and procedures for managing the process. You need to understand applicable state and federal laws concerning background checks ...
Unfortunately, your HR personnel files are a goldmine for identity thieves,
filled with all kinds of juicy personal data. But a new court
ruling shows that the rise in identity theft doesn’t excuse employees
from disclosing their SSNs to employers ...
When the Lima School District hired a new head football coach, the school conducted a standard background check, including reference checks and fingerprint screening by the FBI ...
The Parish of Trinity Church of New York in lower Manhattan is not liable for the sexual assault of a church member by an employee, the New York Supreme Court, Appellate Division, has affirmed ...
No single federal law governs job applications. Your biggest risk is asking unnecessary questions that run afoul of federal or state laws banning job discrimination on the basis of sex, age, race, religion, national origin or disability. But, done right, your application can be a great tool to communicate important information ...
Officials are investigating a possible security breach at the Palisades nuclear power plant after Esquire magazine ran a profile of the plant’s head of security. Turns out, William Clark bragged about being a hit man ...
Some call the on-again, off-again (on, as of press time) U.S. Senate immigration-reform bill an offer of “amnesty” for millions of lawbreaking, undocumented immigrants. But Tommy Bagwell, CEO of American Proteins, Inc.—a poultry byproducts rendering plant in Cumming—says that’s hogwash ...
Q. Our company uses the sheriff’s office to run criminal background checks on all finalists for employment. Our application form notifies the applicants that their criminal histories might be reviewed, but we do not provide any further notice to them. Our new personnel director is adamant that this practice is in violation of the federal Fair Credit Reporting Act (FCRA). Is she correct?
A lost laptop containing the Social Security numbers of more than 50,000 people ... A misplaced disk that contains account information for an entire state ... Your company’s greatest security threat probably comes not from outside sources but from your own employees. To protect against such internal threats and loss of information, you need to take specific measures to reduce potential risks ...
Two facility managers for ChildNet, the agency that runs Broward County’s child welfare system, were fired after being implicated in several thefts at the agency ...
The Illinois Human Rights Act makes it illegal to discriminate on the basis of a previous arrest record or criminal history that has been expunged, sealed or impounded. However ...
Michigan employers will have a new set of responsibilities when the state’s new security-breach notification law takes effect on July 2. Under the law, owners and licensers of databases are required to notify Michigan residents whose personal information has been accessed by an unauthorized person. Failure to provide timely notice will subject employers to both fines and civil lawsuits ...
One good reason to have new employees serve a probationary period is that it gives you more time to check their backgrounds and find out whether they were forthcoming on their applications ...
Allowing employees to work from home can be a boon for employers trying to increase productivity and keep talented employees from leaving for more flexible jobs. But this flexibility can present an increased risk of fraud, theft and legal action if you keep personal information about employees or customers on your computer network ...
With so much absenteeism linked to child care issues, more U.S. employers are offering employees access to new Web sites that help solve a common dilemma: finding a good, reliable babysitter ...
The federal Fair and Accurate Credit Transaction Act (FACTA) of 2003 says businesses that negligently or purposely allow employees’ or customers’ personally identifiable data to fall into the wrong hands can face fines of up to $2,500 per infraction ...
Twelve percent of all violent crimes committed in the United States occur in the workplace. And Georgia employers face unique legal challenges in their response to such violence ...
Twelve percent of all violent crimes committed in the United States occur in the workplace. And Florida employers face unique legal challenges in their response to such violence ...
Q. We do background checks on all applicants. I know the Fair Credit Reporting Act says we have to get the applicant’s permission. We hire some employees under age 18. Is there anything special we need to do? —A.G.
When negotiating contracts with employee outsourcing firms, many organizations make background checks an afterthought and leave the specifics up to the agency. That's a big mistake ...
In the process of recruiting, hiring, firing and just running a business, employers accumulate a large amount of personal data from applicants, employees and business associates. Florida law requires employers to take reasonable steps to safeguard such personal data ...
Q. We don't ask applicants for their age or birth date on our application. But we plan to start conducting background checks on applicants whom we're seriously considering. The company that will conduct the checks for us said the birth date is on all the applications they see and that it's instrumental to conducting the checks. What should we do? —V.T., Wyoming
Q. Our company routinely runs background checks on all people to whom we offer positions. Can we legally disclose an employee’s background information to a customer who requests it? (The employee is working on the customer’s job site.) —L.B., North Carolina
Q. I have a question about providing honest feedback during reference requests. Is it better to defend the fact that I provided a truthful (negative) assessment, rather than trying to explain why I can't give any reference at all? Aren't we protected by negligent referral and reference immunity laws? —M.R., Utah
Q. I'd like to contact an applicant's former employer, but that employer wasn't included in the applicant's reference list. Can I call the employer anyway? —A.T., Wyoming
Q. I know that it's illegal to ask applicants certain questions, like whether they are married. Are there any questions I can't ask a previous employer or reference? —F.T., Maine
If your organization contracts out security services, the Texas Supreme Court has just handed you a substantial victory that makes it less likely you'll be liable if your independent-contractor security guard injures someone ...
To thank employees for working 10-hour days during the busy tax season, RSM McGladrey gives them back some of their time: four hours of it, to be exact ...
If your organization uses credit checks in the hiring process, you’d better have a sound business reason for doing so or you could face a new type of litigation ...
Q. I work as an HR generalist at a large hospital. My supervisor told me to ask a certain applicant for her date of birth during the hiring process. Isn’t it illegal to ask for an applicant’s birth date? —K.G., Philadelphia
Q. I’m new to the HR world. When we receive reference checks on ex-employees, what information can we (or should we) give out without a signed release? —L.M., Pasadena, Calif.
HR Law 101: Most organizations ask candidates to fill out a job application. Make sure that yours meets federal, state and local requirements. Don’t ask for information that could be considered discriminatory ...
HR Law 101: If you fail to do background checks on applicants for certain positions, you could make yourself vulnerable to a negligent-hiring lawsuit by any worker or customer who’s been hurt by a violent employee. You should check applicants’ backgrounds especially for positions such as day care worker, security guard and sales representative ...
On June 20, Pennsylvania became the latest state to set stiff penalties for any business found guilty of mishandling sensitive employee information. That makes 45 states and the District of Columbia that have passed similar identity-protection laws over the past four years.
Say you want to open another office or relocate to a more modern space, but you can’t afford to lease or buy a new location. One possible solution: Contract for a “virtual” office.
Issue: Must you seek permission each time you want to review an employees' credit record? Benefit: As a new court ruling shows, the answer is 'no;' you can obtain one ...
Your organization can be held liable for "negligent hiring" if an employee commits a crime and you could have (or should have) prevented it. That's why it's crucial to run background ...
THE LAW. Employees who commit violent acts in the workplace obviously violate state criminal laws. But the liability trail doesn't stop there. Employers have a legal obligation to maintain a ...
When you or your hiring managers need to fill an open slot fast, it may be tempting to skip steps in the application process. But don't do it. Follow the ...
What if you're seriously considering an applicant, but a good chunk of his or her past experience was at an employer that's now defunct? The dot-com bust of the late '90s ...
When you or your hiring managers need to fill an open slot fast, it may be tempting to skip steps in the application process. But don't do it; follow the proper ...
Before you seek consumer credit or background reports on applicants, you must obtain their written consent and give them a clearly written disclosure form. But what about when you investigate ...
Issue: U.S. employers lose nearly $60 billion each year due to trade-secret theft, but many still often overlook this risk.
Risk: Your organization can be ruined if competitors gain access ...
Issue: Employees tend to refer people with similar characteristics to themselves. Risk: Overrelying on employee referrals can create a homogeneous work force and spark discrimination complaints. Action: Limit referrals ...
Employee-referral programs have become one of the most successful and least expensive recruiting strategies. But even with their popularity, employee-referral programs can be double-edged swords. Relying too much on employee ...
Issue: Your role and responsibilities when it comes to domestic violence in the workplace. Risk: Doing nothing risks lives, safety, morale, lawsuits and your bottom line. Action: Take the ...
Issue: More employers are testing job candidates by hiring them as temps first. Risk: Temps converted to regular staff often fly under the radar of pre-employment checks, plus create other ...
America's largest employer, Wal-Mart, recently announced that it will begin running criminal background checks on job candidates. The decision comes on the heels of two incidents in which employees with ...
Your employee records are a gold mine for identity thieves. How should you secure them? A new Society for Human Resource Management survey says 95 percent ...
One of the first indicators of an improving job market is a rise in temporary-help jobs. Why? Many organizations, still cautious about taking on full-time employees, test the market first by ...
The U.S. Transportation Department has unveiled new rules that require employers to more closely review applicants' professional driving safety records and drug-testing history. The rules also require you to make that ...
If job candidates approach you with a written report attesting to the validity of their résumés, don't stop your background check there. Probe deeper with your own, independent check. New ...
Issue: You probably track several HR-related numbers, but are you sure you're tracking the right ones? Benefit: By tracking the right metrics, you enhance your perception as a strategic partner. ...
Thorough background checks can help you defeat any negligent hiring claim. But what if applicants' background checks come up clean, yet they begin displaying troublesome behavior at your workplace. In ...
Issue: Employees who miss work frequently often show predictable patterns. Benefit: Knowing which people are likely to avoid work can help cut costly absenteeism. Action: Once you know how ...
When news reports surfaced in December that a New Jersey hospital nurse admitted to killing 30 to 40 patients in his 14-year career, a pattern of lax background checks emerged. ...
If you need to hire temporary workers, don’t wait too long to sign that
contract. Temp hiring has increased in the past five months and the
growing demand will eventually raise temp wages.
Issue: Temporary workers who are hired on as employees often fly under the radar of pre-employment checks. Risk: No legal recourse if your temp-turned-employee goes bad. Action: Treat temps ...
Quick quiz: If you hire temporary employees, what does your contract with the temp agency say about performing background checks? Is it your duty? Is it theirs?
Quick quiz: What does your temp agency contract say about performing background checks? Is it your duty? Is it theirs? Too many employers don't know the answer. They simply assume a ...
Issue: Done right, your job application is a great tool to collect applicant information and communicate key data about your organization. Risk: Unnecessary questions can run you afoul of federal ...
Issue: More organizations are jumping into outsourcing, but many aren't impressed with the results. Risk: Farming out the wrong functions can actually lower HR efficiency. Action: Determine which functions ...
The Department of Transportation's Federal Motor Carrier Safety Administration (FMCSA) has proposed new rules requiring companies that employ commercial drivers to collect more pre-hire information about applicants' employment history, including their ...
It's true that your company could be held liable if it rejects an applicant based on inaccurate data in his background check. But don't stop doing background ...
Issue: You can be held liable for rejecting job applicants because of inaccurate background checks. Risk: Defamation, invasion of privacy and wrongful-discharge lawsuits ...
THE LAW. The Fair Credit Reporting Act (FCRA) regulates how your company performs background checks on job applicants. Contrary to popular belief, this federal law ...
Since Sept. 11, security fears have sent companies scurrying to do criminal background checks on job applicants. Many companies are outsourcing this function to Web-based reference checkers. But beware: Some ...
If you're willing to take a chance on a new employee with a shaky past, a government program can reduce your risk. Through the little-noticed Federal Bonding Program, you can ...
The frantic competition for workers has caused many companies to become lax about screening job candidates. That's not smart. Liars, thieves and violent criminals ...
While many companies train managers to identify the warning signs of violent behavior, only 24 percent offer such training to all employees, according to a recent ...
When a manager checked Hillel Hellinger's references for a pharmacy job, a former supervisor told the manager that Hellinger, an Orthodox Jew, refused to sell condoms in his previous job. ...
You may figure that in today’s tight labor market beggars can’t be
choosers. But by prospecting for the best candidates and screening them
effectively, you can make the right call.
