The Background Check and Pre-Employment Screening

The background check and investigation is the compiling of information and records related to employment screening; in our case. This process of looking up and compiling said records gives the employer the proper data to make a good hiring decision. Records that are normally gathered include but are not limited to criminal records, commercial records, financial records, and employment records.

The information that is included in the background check depends on the reason it has been conducted. Someone seeking employment at a minimum wage job requires fewer inquiries and verifications than the person who is applying to work for a law enforcement agency or jobs related to national security.

Often the background check requested by employers are on candidates seeking a position requiring a high security status and/or a position of trust, including: a school, hospital, financial institution, airport, and the government. Again, the typical results of a background check include past employment verification, their credit score, and a criminal history report.

Employers use this information as a way to objectively evaluate a candidate’s qualifications, character, educational level and to identify potential hiring risks. A more through background check is utilized in the investigation of high security clearance, government employees.

Pre-employment screening, is just that. The process of investigating potential employees and is commonly used to verify the accuracy of an applicant’s claims. Pre-employment screening is also used for the discovery of a possible criminal history, previous workers compensation claims, any type of employer sanctions, and the credit score.

There is a variety of investigative searches used by employers and/or whomever needs to conduct the background check. Many commercial sites offer specific searches to employers based on a fee schedule. Commercial services like these will perform the checks, and offer additional services such as supplying the company with adverse action letters, and ensure compliance throughout the process.

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Many employers choose the most common records such as education verification, driving records, credit checks, and the criminal records. The other searches such as the sex offender registry, skills assessment, reference checks and the Patriot Act searches are becoming increasingly common.

Here is a brief description of some of the background check, reports:

  • Driving and vehicle records, Employers that hire drivers, seek drivers with clean driving records, those without a history of accidents or traffic tickets. The various state DMV and DOT records are searched to determine a qualified driver.
  • Drug tests, Drug tests are used for various reasons; safety measures, company ethics codes, the measuring of an employee performance, and keeping workers compensation premiums down.
  • Education records, These are used primarily to verify that a potential employee had graduated from high school, earned a GED, or if they have graduated with a college degree, graduate degree, or any other university degree.
  • Employment records, These range from a verbal confirmations of past employment, to a much deeper discussion about the employees performance, activities and accomplishments, and their relationships with others.
  • Medical, Mental, and Physiological evaluation and records, These records are generally not available without documented, written consent of the applicant, consumer or employee.
  • Military records, This where the employer requests the specifics of one’s military discharge.
  • Social Security Number, Background screening firms perform a Social Security trace to determine where the applicant or employee has lived, and to verify that the number belongs to the potential employee.
  • Financial information, The employer will check the Credit score, liens, civil judgments, bankruptcy, and tax information that may be included in the credit report. Many a person has not been hired because of a adverse credit history and/or a low credit score. A credit score is a numerical expression based on the statistical analysis of a person’s credit files. This number represents the creditworthiness of that person in the eyes of the credit reporting bureau.
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The background check and all that is involved is quite complex in nature and in fact. This is an overview of some of the aspects and the more common points of interest and popularity of use. We are very fortunate to have an expert in the field give a written explanation of the need and importance of the background check and/or also known as pre-employment screening. The following article was written by Lester Rosen, renowned Attorney at Law. Thank you Mr. Rosen this helps clarify many items of fact.

Why Pre-Employment Screening is So Critical By target="_blank">Lester Rosen

It is the ultimate nightmare for every human resources, security, or risk-management professional: Your phone rings late Friday afternoon as you wind up loose ends from yet another challenging week and are looking forward to a quiet weekend. A panic-stricken voice informs you that Pat in accounting has assaulted another co-worker and threatened to harm a supervisor. It turns out Pat was not only stealing money, but did not really have the experience claimed.

As the mess is being sorted out, everyone will be asking you the same question over and over. From the company CEO, CFO, and corporate attorney to managers, supervisors, and co-workers, there is one thing everyone wants to know: How did that person get hired in the first place?

If the matter turns into litigation, the legal fees for just one incident of workplace misconduct can easily soar into the six figures, and jury awards can be astounding. Your firm can be sued by injured co-workers, members of the public who were damaged, or even the bad employee who may claim wrongful termination. Once litigation starts, you will also find that in addition to your normal duties you now have a second and nearly full-time job–dealing with the discovery process in litigation and the organizational fallout.

The statistics on the consequences of even one bad hire are chilling. The financial cost to businesses from theft, violence, and false credentials can be enormous. There are other costs that are hard to measure, such as the harm to employee morale or the firm’s reputation. Industry statistics suggest the cost of even one bad hiring decision can exceed $100,000, taking into account the time spent recruiting, hiring, and training and the amount of time the job is left undone or done badly by an unqualified applicant.

Given the enormous price tag of a bad hiring decision, it is no surprise that employers of all sizes are turning to various tools to boost the effectiveness of their hiring process. The tools run from honesty and skills testing to behavior-based and group interview techniques.

Ultimately, none of these tools has proved effective in weeding out bad candidates, unless used in conjunction with a program of pre-employment background screening to obtain hard facts about a candidate.

Pre-employment background screening works in four critical ways:

o Just having background screening can discourage applicants with something to hide. A person with a criminal record or false resume will simply apply to a company that does not pre-screen.

o It limits uncertainty in the hiring process. Although using instinct in the hiring process can be important,
basing a decision on hard information is even better.

o A screening program demonstrates that an employer has exercised due diligence, providing a great deal of legal protection in the event of a lawsuit.

o Having a screening program encourages applicants to be especially forthcoming in their interviews.

Pre-Screening Tools

Checking criminal records is a good example of a pre-screening process that helps promote safe hiring. It is estimated that 10 percent of job applicants have criminal conviction records relevant to the hiring process; without a screening program, it is statistically almost certain that a company will hire someone with a criminal record. Contrary to popular perception, there is no national database available to private employers. Criminal records are normally checked by having qualified researchers visit courthouses in counties where an applicant has lived or worked. Because there are more than 10,000 courthouses in America where records are kept, most employers outsource this task to qualified firms that specialize in pre-employment screening.

Another important tool is resume verification. Job applicants often use their resumes as a marketing tool, but the hiring company can find itself in trouble when resumes exceed the bounds of honesty. It is estimated that up to 30 percent of resumes contain material falsehoods that pertain to previous employment, education, and professional licenses. A professional screening firm can verify whether an applicant has the degrees or licenses claimed. Even if a past employer will not give details about job performance, just verifying the job dates and job title is crucially important. One of the most critical parts of the hiring process is to look for unexplained gaps in employment. That is important in order to help a screening firm check the appropriate courthouses while searching criminal records.

Other tools can include credit reports (when relevant to the job), Social Security number traces, driving records, national wants and warrants, as well as civil and federal court records.

Common Employer Concerns

Even with all of the advantages of a screening program, many employers still have questions and concerns about implementing background checks. These are the seven most commons concerns that employers express:

Is it legal?

Employers have an absolute right to conduct lawful pre-employment screening in order to hire the best-qualified candidates. A federal law called the Fair Credit Reporting Act (FCRA) balances the right of employers to know whom they hire with an applicant’s right of disclosure and privacy. Under that law, the employer first obtains the applicant’s written consent to be screened. In the event negative information is found, the applicant must be given the opportunity to correct the record. Employers should set up a consistent policy so similarly situated applicants are treated the same. A qualified screening company will assist an employer with legal compliance issues.

Does it invade privacy?

No. Employers can find out about only those things that an applicant has done in his “public” life. For example, checking court records for criminal convictions or calling past employers or schools does not invade a zone of personal privacy. Employers are looking only at information that is a valid and non-discriminatory predictor of future job performance. To maintain privacy, most background firms have Internet systems with secured Web sites. Employers should also take steps to maintain confidentially within their organization, such has keeping reports in a separate file from the personnel files.

Is it cost-effective?

A pre-employment screening will typically cost less than the cost of a new employee on his or her first day on the job. That’s pocket change compared to the damage one bad hire can cause. In addition, employers typically only screen an applicant if a decision has been made to extend an offer, and not all applicants. It is ironic that some firms will spend hours shopping for a computer bargain and at the same time try to save money by not adequately checking out a job applicant, which represents an enormous investment. The bottom line is that problem employees usually cause employee problems, and money is well spent to avoid problems in the first place.

Does it discourage good applicants?

Employers who engage in screening do not find that good applicants are deterred. Job applicants have a desire to work with qualified and safe co-workers in a profitable environment. A good candidate understands that background screening is a sound business practice that helps a firm’s bottom line and is not an invasion of privacy or an intrusion.

Does it delay hiring?

No. Background screening is normally done in just 48 to 72 hours. Most of the information needed is not stored in databases but must be obtained by going to courthouses or calling up past employers or schools. Occasionally there can be delays that are out of anyone’s control, such as previous employers who will not return calls, schools that are closed for vacation, or a court clerk who needs to retrieve a record from storage.

Furthermore, an organization that is careful in its hiring practices should find a lower rate of “hits” during background checks. There are a number of steps a firm should take to ensure safe hiring well before a name is submitted to a background company. These techniques include making it clear your firm does background checks in order to weed out bad applicants, knowing the “red flags” to look for in an application, and asking questions in interviews that will filter out problem candidates.

Is it difficult to implement?

For an overburdened HR, security, or risk-management department already handling numerous tasks, outsourcing background screening can be done very quickly and effectively. A qualified pre-employment screening firm can set up the entire program and provide all the necessary forms in a short period of time. Many firms have Internet-based systems that speed up the flow of information and allow an employer to track the progress of each applicant in real time.

How do we select a service provider?

An employer should look for a professional partner, not just an information vendor selling data at the lowest price. An employer should apply the same criteria that it would use in selecting any other provider of critical professional services. For example, if a employer were choosing a law firm for legal representation, it would not select the cheapest–it would clearly want to know it is selecting a firm that is competent, experienced, and knowledgeable, as well as reputable and reasonably priced. The same criteria should also apply to critical HR services. A screening firm should have an understanding of the legal implications of background checks, particularly the federal Fair Credit Reporting Act.

Both employers and applicants have learned that pre-employment screening is an absolute necessity in today’s business world. More importantly, they’ve learned due diligence in hiring is a way to keep firms safe and profitable in these difficult times.

ABOUT THE AUTHOR:

Lester S. Rosen is an attorney at law and President of Employment Screening Resources, a national background checking company located in California offering employment screening services such as employee background screening, job verification, and credential verification.

He is the author of, “The Safe Hiring Manual–Complete Guide to Keeping Criminals, Impostors and Terrorists Out of Your Workplace.” (512 pages-Facts on Demand Press), the first comprehensive book on employment screening.

He is also a consultant, writer and frequent presenter nationwide on pre-employment screening and safe hiring issues. He has qualified and testified in the California, Florida and Arkansas Superior Courts as an expert witness on issues surrounding safe hiring and due diligence. His speaking appearances have included numerous national and statewide conferences.

He is a former deputy District Attorney and criminal defense attorney and has taught criminal law and procedure at the University of California Hastings College of the Law. His jury trials have included murder, death penalty and federal cases. He graduated UCLA with Phi Beta Kappa honors, and received a J.D. degree from the University of California at Davis, serving on the Law Review. He holds the highest attorney rating of A.V. in the national Martindale-Hubbell listing of American Attorneys. Mr. Rosen was the chairperson of the steering committee that founded the National Association of Professional Background Screeners (NAPBS) a professional trade organization for the screening industry, which now has over 500 members. He was also elected to the first board of directors and served as the first co-chairman in 2004.

Article Source: Why Pre-Employment Screening is So Critical

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At Direct Screening, we want to be your source for instant criminal background checks. Whether you are an individual or a business, we will provide you with the most current criminal background information available. No other company in the industry has more detailed, consistent, user friendly reporting. We take painstaking efforts to make sure our reports are clear and descriptive every time. Our expert technology team translates each record into a standardized format which provides consistency in reporting from state to state. So while we are compiling the largest, most current, and accurate databases across the U.S., we are also making sure the reports we provide you are the most user friendly available.

Direct Screening complies with the federal FCRA act.

Okay ladies and gentlemen just know this one thing. What ever you have done is known and if you think about doing something else it won’t be long until it is also known. On that note I will fold up the tent; and remember we only pass this way once as we are now; so make the most of it.

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