Successful Pre Employment Background Screening
In these days s competitive economic atmosphere firms can not afford to be side tracked by employee troubles like workplace violence theft false resumes embezzlement harassment or trumped up injury claims Employers have increasingly turned to pre employment screening as a critical risk management tool to try and avid hiring dilemma employees inside the first spot
At the same time firms are becoming far more cost conscious also Regardless of the obvious benefits of pre employment screening management typically expects security and human resources pros to generate far more outcomes with fewer resources The challenge facing security and human resources pros is discovering methods to implement an powerful pre employment screening employment screening program that is certainly also cost powerful
Such a program has four objectives
1st the program must demonstrate that an employer utilizes due diligence in hiring That signifies that an employer takes reasonable steps to decide a job applicant is fit for the job This can safeguard an employer from claims of negligent hiring
Second powerful screening obtains factual info about a candidate to supplement the impressions obtained from an interview alone It s also a useful tool for judging the accuracy of a candidate s resume
Third powerful pre employment serves to discourage applicants with one thing to hide An applicant with severe criminal convictions is much less most likely to apply at a firm that announces it does pre employment background checks
Finally a background screening program should encourage applicants to be quite honest in their applications and interviews Since applicants are told there s a background examine they have a motivation to reveal info about themselves they feel may be uncovered having a examine
A lot of firms view pre employment screening as a approach that begins following an applicant has been selected by a hiring manager or department and the name is submitted to security or human resources for a background report Depending upon the employer it really is either outsourced to a background firm or investigated internally via corporate security Inside a typical screening program the emphasis is on checking for criminal records also as other background searches which are typically accessible
An powerful background screening program nonetheless is significantly far more then just checking criminal records following a candidate has been selected In reality an powerful background screening program begins even before the first resume is received or the first interview is conducted It needs a firm wide commitment to a safe hiring by every person involved with hiring Recruiters hiring mangers and interviewers must comprehend safe hiring practices usually are not one thing an individual else takes care of following they make a hiring selection It s part of their responsibilities also
The following steps can increase the effectiveness of a screening program However they all take spot before a hiring selection is created and before a background report is requested They also take reasonably small time and cash compared to the benefits a firm receives
These nine steps rely upon two essential components 1st they utilize many and overlapping tools that approach the activity from distinct directions There s no a single screening tool that all by itself guarantees an powerful screening program Second they call for the department in charge of background screening to recruit and educate every person inside the hiring approach to turn out to be involved in safe hiring beginning using the individual who places advertisements inside the newspaper
These nine steps are
1 Job announcements like newspaper advertisements should clearly indicate the firm needs background checks This discourages an applicant with one thing to hide by clearly stating inside the public announcement for a job opening that the firm does screening Employers find excellent applicants usually are not discouraged from applying at firms that do background screening Employees are just as anxious as employers to operate in a safe atmosphere with qualified and honest individuals
two All applicants must sign consent for a background examine like a specific consent for criminal records at the time they submit an application or resume This serves two essential functions inside the screening approach 1st it makes it quite clear to a job applicant that criminal records will be searched An applicant having a criminal record they need to hide may apply instead having a firm that will not perform screening Second some folks may voluntarily disclose a prior difficulty For some positions a minor criminal violation honestly disclosed may not necessarily eradicate someone from consideration if the criminal offense is not related to the job
You ll find some firms that do not use application types but instead employ based upon resumes In that predicament a firm can prepare a supplemental release kind for the applicant to comprehensive and sign Some firms incorporate a supplemental sheet in their applications asking a candidate especially if they have any issues about a background screening and whether or not there s anything they wish to bring to the firm s attention That is an outstanding device to concentrate applicants on the reality a thorough investigation will be conducted as part of the hiring approach
three Incorporate language inside the consent concerning a release of records from foreign nations Carrying out pre employment screenings and criminal record checks in foreign nations may be hard and high priced and in several instances usually are not even feasible A single approach nonetheless is always to add specific language to a background kind indicating the release to search for criminal records also applies to any jurisdictions outside the United States That may result in applicants from abroad to either self disclose troubles or apply elsewhere
4 Applicants should be asked directly if they have a criminal record inside the interview and employment application It s crucial that applicants be asked directly throughout the approach if they have a criminal conviction or pending situation Ideally that language should be inside the employment application For the duration of oral interviews part of the common questioning should be If we were to examine using the courts would we uncover any criminal convictions or pending circumstances
In asking about criminal records employers should maintain the following in mind
a Often ask the broadest question allowed by the law in your state Some employers are under the mistaken belief they are able to only ask about felonies However misdemeanor convictions also can represent severe crimes and should be included as allowed by state law
b Employers should cautiously phrase the question in order to not elicit any info about arrests not resulting in convictions Employers are typically restricted to convictions or pending circumstances
c Ask the applicant to describe any convictions or pending circumstances and give the specific location This makes it possible for the employer to pull the court file and to decide if the applicant is truthful about the nature of the criminal situation It s also critical to ask for the precise location so the employer or background checking firm knows precisely what court to search
d In any written application or release asking about criminal convictions or pending circumstances the kind also should contain the language to ensure compliance with discrimination laws For instance This firm is not going to deny employment to any applicant solely simply because the individual has been convicted of a crime The firm nonetheless may consider the nature date and circumstances of the offense also as whether or not the offense is relevant to the duties of the position applied for
five The employment application must clearly state that any false or misleading statements or materials omissions is grounds to terminate the application approach or to terminate employment if it has begun regardless of when the info is discovered That is one more critical part of an powerful program Employers typically can not deny employment automatically due to a criminal conviction without taking specific components into consideration However where someone has lied on their application by not admitting a prior criminal conviction in a response to a direct question the lack of honesty is actually a valid reason for a rejection An applicant needs to clearly comprehend dishonesty can result in termination irrespective of when it really is discovered
6 If the background screening might not be completed before the commence date for the position ensure the applicant understands any employment is conditioned upon the employer s receipt of a background report that is certainly satisfactory to the employer At times employment will begin prior to the background report becoming completed In these situations it really is essential to notify the applicant preferably in writing that employment is subject to the employer s receipt of a background report It s also essential the employer clearly state the background report is subject to the employer s satisfaction only so a job applicant can not debate whether or not a report is satisfactory or not
7 Verify past employment references Checking references is an crucial part of the screening approach In reality it could be just as useful as a criminal records search It will be hard if not impossible to defend an employer sued for negligent hiring that failed to confirm someone s past employment history Even when previous employers limit the info to just commence date end date and job title that info is nevertheless invaluable The major purpose of such a search is always to confirm an applicant s whereabouts for the past five to seven years and to make specific you will find no unexplained gaps in employment By understanding where someone has been an employer limits the possibility that an applicant spent time in custody for a criminal offense
It also assists an employer in figuring out what jurisdictions to search for criminal records That is essential simply because there is absolutely no such issue as a national criminal record search for many employers Employers can only obtain criminal records by searching person courthouses Since you will find far more than ten 000 courthouses in America it really is essential to know where to look
Naturally an uninterrupted operate history will not guarantee a lack of a criminal record Some jurisdictions enable jail sentences to be served on weekends or via a operate furlough program where a prisoner is released throughout operating hours However when completed in conjunction with all of the other steps checking past references is actually a essential part of the program
8 Receive a listing of all past addresses An additional essential step is always to incorporate on the consent kind a listing of all addresses for the past seven years also because the approximate time at every single address This not only reinforces inside the applicant s mind that the firm is severe about screening but it assists the employer in figuring out which jurisdictions to search for criminal records
9 Incorporate future screenings inside the consent language Each and every consent kind should incorporate language that the consent for a background screening makes it possible for for future background checks for purposes of promotion reassignment or retention unless of course otherwise revoked in writing This serves three essential purposes 1st it reinforces the thought the employer is severe about keeping a safe workplace An employee is on discover that they may be subject to future investigations Second this language facilitates future investigations if necessary for claims of harassment theft violence or other difficulties Finally the language is also essential because of current interpretations of the federal Fair Credit Reporting Act the federal law that governs pre employment screening by outside agencies This language inside the release kind makes it simpler for an employer to utilize the services of an outside agency to conduct future investigations if workplace problems arise
Additionally to these nine steps an employer also must perform extra checks to satisfy due diligence The most essential of these are courthouse searches for criminal records You ll find other checks which will be performed also However these preliminary steps that take place before someone is even hired can drastically increase the effectiveness of a screening program These steps also have the benefit of promoting workplace safety with quite small extra costs By enlisting every person inside the hiring approach from the beginning firms can drastically increase the effectiveness of their screening applications
In regards to the AUTHOR
Lester S Rosen is an lawyer at law and President of Employment Screening Resources a national background checking firm situated in California offering employment screening services like employee background screening job verification and credential verification
He could be the author of The Protected Hiring Manual Comprehensive Guide to Maintaining Criminals Imposters and Terrorists Out of the Workplace 512 pages Details on Demand Press the first complete book on employment screening
He is also a consultant writer and frequent presenter nationwide on pre employment screening and safe hiring problems He has qualified and testified inside the California Florida and Arkansas Superior Courts as an professional witness on problems surrounding safe hiring and due diligence His speaking appearances have included many national and statewide conferences
He is actually a former deputy District Attorney and criminal defense lawyer 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 circumstances 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 Assessment He holds the highest lawyer rating of A V inside the national Martindale Hubbell listing of American Attorneys Mr Rosen was the chairperson of the steering committee that founded the National Association of Expert Background Screeners NAPBS a skilled trade organization for the screening marketplace which now has more than 500 members He was also elected to the first board of directors and served because the first co chairman in 2004
