Pre Employment Screening
At the Absolute Minimum, What you Need to
Generate Effective Background Checks
It’s impossible to find a common standard for thorough
background checks into today’s expanding employment
screening world. Below you will find what I consider
to be the minimum amount of information needed to
do a thorough and effective background check. Keep
in mind this recommendation comes from someone who
has run an Employment Screening business for 28
years and is also an Expert Witness for Negligent
Hiring lawsuits.
Here’s how you need to set your standards:
1. An embedded policy in the company’s procedures
manual to ensure consistency in screening each class
of employee.
2. An updated Background Information Form that allows
candidates to disclose any and all identification
data. This provides a better background check and
allows you to discover discrepancy which permits
dismissal/elimination of candidacy base don omission
of data.
3. Positive Candidate Identification® – a background
check is worthless if the subject is not really
who they say they are. 30% of the population possesses
undisclosed aliases!
4. Thorough financial history (credit etc.) to give
better identification, current financial condition
which is important for fiduciary-based positions,
and general responsibility attitude indicators.
5. A thorough driving history even if not driving
a company car. This information shows societal attitudes
toward basis laws and the attitudes of the subject
toward resolution of violations such as Failure
to Appear in court for traffic tickets. It is great
for identification data and also as an additional
responsibility attitude indicator.
6. A multi-level criminal conviction check is critical.
Federal, State and Local courts should always be
checked. Why? For example: In Los Angeles county
many lower grade felonies and high-grade misdemeanors
never see the Superior Court level due to busy court
calendars. If Superior is the only court searched,
much information is missed in the types of crimes
that employers need to know before making a hiring
decision including: narcotics, crimes of violence
etc.
7. NEVER rely on database criminal checks alone
for your ultimate decision! This rule can’t be stressed
enough. These databases, including any online source,
lack the perfection which can only be obtained by
a hand searched at the jurisdiction. You are essentially
buying the amount of investment the purveyor has
made in his search logic software, not necessarily
in what is being purveyed, if you use these kinds
of database services. As an Expert Witness in Negligent
Hiring lawsuits, I have been called many times to
testify as
regarding Improper Employment Screening only to
render an opinion as to the inadequacy of a database
search. This is particularly severe when databases
searches miss cases such as rape and murder. Unfortunately
it happens a lot.
8. Be sure to QUALIFY your vendor if you are buying
third-party background check services. Make sure
the vendor is in the business of employment screening
and that they update their screening program regularly
through counsel. Be sure that they did not just
get into this business because it is the latest
money-making or marketing fad (that includes all
online purveyors of database searches). Determine
the following: -how long they have been in the employment
screening business -how well known or thought of
they are in the Human Resources field -how well
known they are by industry associations such as
NAPBS and The Background Investigator
9. Find out how they advise their clients as to
the soup-to-nuts approach to this type of service.
This business is a heck of a lot more than just
selling units of data to an end user. It needs to
b e a symbiotic relationship between the client
and vendor since extremely sensitive decisions are
being made about consumers. Be aware that a consumer
is a very important legal term in this field as
is defined in the Fair Credit Reporting Act which
governs most of the employment screening industry.
10. Have your entire program reviewed by counsel.
Changes in this area of the law occur almost daily
in the form of “new interpretations,” and if you
are caught behind the times, your company opens
itself to insane liability.
11. Remember that this service is not to be taken
lightly any more. With new laws continuing to be
introduced daily and would-be purveyors selling
you everything online and instant, you can get into
trouble fast if you haven’t thought your employment
screening process through. More care and thoroughness
at the front end will help you avoid big headaches
in the end!
Author: Thomas C Lawson,
CFE, CII is the CEO and Founder of APSCREEN the
nation’s oldest, continuously operated Factual Employment
Screening firm based in Rancho Santa Margarita,
CA. Mr. Lawson was the first court-certified Expert
Witness on Negligent Hiring from the Improper Employment
Screening perspective and also testifies on other
HR matters. Published credits include Fraud Magazine,
Business Week, LA Ties, ABC’s American Agenda, CBS
Syndicated Talk Radio, NBC’s EXTRA! and KNX News
Radio. Mr. Lawson is a member of SHRM, PIHRA, ASIS,
ACFE, CII, WAD, WIN NPRRA and is a founding member
of PRRN and NAPBS. Lawson can be contacted at 800
277-2733.
Read why
Online
Background Checks can be a Legal Hazard
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