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Nevada DPS releases inaccurate background check information

And you thought you were going to get the job right?  Mercury News has an article about how the Nevada Department of Public Safety inaccurately reported back minor misdemeanor crimes such as DUI records on thousands of individuals.   Apparently most of the searches were for Gambling-related companies, that probably must have a high standard for criminal history background checks in order to meet federal and state compliance.

The agency used a list of crimes not found in state laws to find that some applicants shouldn’t be hired. The list, which included misdemeanor DUIs and other minor crimes, was in a bill considered but not approved by the 2003 Legislature.

The article touches upon the subject of application notifcation and whether the job applicants received an adverse action letter based on the background check. 

Capt. Phil O’Neill, who runs the division, said he didn’t know of anyone who lost a job over the mistake, adding they might not have been hired for other reasons.

This response sounds like code speak for “we found somebody better qualified” in which the company wouldn’t have to issue an adverse action letter.
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Opposition to E-Verify mounts in face of raids

An interesting detail about the high profile raid of Howard Industries, in which 595 suspected illegal workers were arrested, is Howard claims they were using the E-Verify electronic I-9 compliance system established by the federal government to help employers remain in compliance with federal labor laws.  In addition, Swift Co, which was raided in December 2006, also claims they were using E-Verify before they were raided.

Apparently SHRM has established a organization called HR Initiative for a Legal Workforce which has criticized the effectiveness of E-Verify.

E-Verify, which checks information from I-9 forms against Department of Homeland Security and Social Security Administration databases, cannot tell if a worker is submitting a stolen Social Security number.

Based on the article in Workforce Management, the proof that Howard Industries was using E-Verify is a statement from the company “Howard Industries runs every check allowed to ascertain the immigration status of all applicants for jobs”  There was no indication that an independant investigation of Howard Industries was conducted to determine if they were using E-Verify correctly, or screening every employee.  Perhaps they weren’t.  Perhaps by using E-Verify, Howard Industries opened themselves up to an easier investigation of its practices by the Feds.  I suppose it would be a simple arithmetic problem; how many employees it files on payroll, and how many submitted on E-Verify.  Even if they match, it seems that the E-verify helps the government locate abused SSNs and duplicate employment records for stolen SSNs.  

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New HR Magazine launched about Employment Screening Industry

A new HR Magazine has just been announced, entitled “The Employment Screening Journal” The magazine has been launched by preemploymentdirectory.com, a directory of employment screening background check firms.  The new magazine will apparently information for HR professionals about new updates in the pre-employment screening field.  

Publication Timeline
No word about whether this magazine will be in print or when the first issue will be published, but hopefully it will feature quality articles by top professionals from the background check industry.  Hopefully human resources professionals will have the time and stomach to digest this media source and stay abreast of legal issues and new screening practices.
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Alabama offering Statewide Criminal Background Checks

The State of Alabama is now offering employers Alabama statewide criminal record search for $25.00.  These searches can be ordered directly from their Alabama website or, if you use a third party background check provider, like Corra Background Checks, you allow them to access the criminal record information on your behalf.

ABC system reports include felony and misdemeanor arrests compiled from information provided by Alabama law enforcement agencies,” stated Mitchell. “ACJIC has also gone a step further by combining forces with Alabama’s court and public safety agencies to provide employers with a more comprehensive Alabama records check, including available Alabama circuit, district, and local court records for the past seven years and court cases that are currently pending.”

Some of the downsides to this system are the additional step of having your applicants sign an ABC compliant release form.  Further, by providing arrest record information to employers, employers need to exercise caution when making adverse action decisions if they base this information on arrest records only and not convictions.   Adverse actions not based on convictions might not be allowed by Federal law under the Fair Credit Reporting Act.

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Nova Scotia Nurses union unhappy with criminal background check plan

The College of Registered Nurses of Nova Scotia will start requiring all prospective Nurses to conduct a $30 Canadian Criminal background check. The must pay for the background check themselves.  An honor system is currently inplace and all nurses must report any criminal offeneses on their annual renewal.  The college executive director thinks that requiring the prospective nurses to pay for their own background check is prohibitive and she feels that the honor system is working.  

We agree that having prospective candidates pay for their own background check may force them to apply elsewhere.   There is a shortage of nurses in the United States and Nova Scotia nurses may do well to travel south of the border. 

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I’m your ice cream man background check me when I’m passing by

Seems like background checks are on everyone’s minds these days, especially when we consider the potential harm to our children.  It doesn’t take much for people to think this way, just a few scandals involving a school bus driver, a teacher, or even an ice cream man.  Make sure your business isn’t the one caught in the news hiring a sex offender who then attacks a child or student.  The negative publicity will create a public relations nightmare for your firm and you will need a strong crisis management team to pull your business out of the muck.

The South County Journal recently discussed running background checks on Ice Cream Truck Drivers in your neighborhood.   

Greg Sloan, manager of Frosty Treats, 4230 N. Broadway, said the business requires background checks for its drivers, even if the municipality where they work does not require them.

A Higher Source
Regardless of local regulations, try to maintain a higher standard for your background check program.  Not only will you enjoy a higher quality workforce you will prevent negative press related to a negligent hiring situation.   Because Davie Lee Roth might be a good Rock n Roll singer, but you sure don’t want him selling ice cream to your children. 
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School Districts Failing to background check bus drivers

Are you children riding the bus to school in Missouri? A Missouri State auditor said that school bus driving companies are not always meeting the requirement for background checks and drug testing for school bus drivers and aides.   The bus companies are apparently responsible for coordinating the background checks.  

Read the full article here:

If you are considering doing business with a public school district, be aware that background checks are coming under intense scrutiny as we seek to better protect our nation’s children.  Most school districts are implementing background check requirements, and we recommend your own companies background check program exceeds the expectations of the school district.  Check anyone and everyone that would have any contact with children.   Conduct pre-employment drug screening and frequent, random drug screening of employees.   Your extra efforts will be recognized by the public, and you will also prevent any negative press associated with a negligent hiring situation.

 
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Hot for Teacher – background checks, that is

The Austin American-Statesman wants the results of background checks conducted by the Austin School Board, but the school board and the The Association of Texas Professional Educators doesn’t want to give it to them.  The District Attorney apparently ruled that “part of the information was not exempt from the public information laws.”    Now the association has filed a lawsuit to withold this information.

“While we had certainly hoped that the district and the attorney general’s office would have respected the privacy of individual citizens, we’re now forced to file suit to protect the fundamental rights of AISD employees,” said Doug Rogers, the group’s executive director.

Read the full article here:

While the courts decide the issue, it’s worth discussing what’s at stake here.   The trouble with protecting public records about teachers in a public school is that the students of citizens attend these schools.  It seems that the public has a right to the results of the background checks conducted on the teachers, at least the “public records” portion, such as criminal background history, civil background history, liens, judgments, etc.

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Church Accountant steals $200,000 from her own place of worship

In a shocking case in Torrance Superior Court, a church accountant embezzled approximately $200,000 from her employer, Church of the Beach Cities.   She plead no contest to one count of embezzlement and was sentenced to two years in prison.  She had been attending the church for approximately six years.

In addition to her position as office manager, she helped in women’s ministries, led Bible studies, did some churchwide event coordinating, prayed regularly with staff t is a licensed minister,

Read the full article in the Beach Reporter  to learn about some of the practices this employee used to hide her theft.

Anderson was paying all of the church’s bills, but whenever there was money left over, she would take it.

I knew we were looking at phony bank statements. She was having the statements retyped and she was stealing money through online banking. She set up online accounts with my (the pastor’s) Social Security number”

 There has been a spike in newspaper stories recently about employee theft , and unfortunately houses of worship are an easy place for a financial predator to strike.  It can be very hard to protect your business or non-profit organization from this type of criminal behavior if you are not careful. Loss prevention not only the battle against theft, or but also the litigation costs associated with negligent hiring.   The article doesn’t mention whether the church had originally run a background check on this employee.  It is paramount for any organizaton to properly screen their employees, especially anyone with check writing and fidicuary responsibilties.   Run a credit history check for employment, and also check county civil records search for any and all bankruptcy, liens and judgments records.  Finally, run a criminal records seach to make sure your candidates hasn’t been convicted of embezzlement.  

Hopefully the church will be able to get back some of the stolen funds.  Stay out the news by background screening all of your organization’s employees. 
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Why you should run motor vehicle records on your employees

Corra Daily Planet has a great article on the reasons for running a motor vehicle driving record (MVR Search) on your prospective employees and your current employees.

The fact is the Motor Vehicle Driving Records can tell you much more than just how your candidate is driving. This search can define behavior patterns and even indicate substance problems. You do not want substance abuse problems in your work place, so you either run drug tests or look for the behavioral signs through the DMV search and other background check indicators.

 Sometimes your business contracts will require you to run an annual check on your driving motor vehicle records.  Using a web-based background check screening company like www.corragroup.com will help you re-order these searches quickly and easily.  Searches provided include DOT and CDLIS motor vehicle records.   

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