An Inside Look at Properly Conducting a Background Check (Part II)

00013880The importance of choosing a background screening company that prides itself on being more than a transactional organization, cannot be overstated. Employers need HR Investigators who dig deeper and go beyond the surface of uncovered information to ensure data accuracy and legal compliance.  Without this thorough approach, employers may hire dangerous and/or unqualified people, or, conversely, job applicants may lose opportunities because their identity is not properly verified. Either of these outcomes is bad for business.  Hiring decisions based on bad data can land an employer in court (or worse).

Talented investigators avoid potentially negative hiring decisions by putting forth the added review and research required of every background check they perform.

Below are two real-world cases of checks that needed the extra time and attention.

A Picture Worth a Thousand Words

When running a criminal background check with a name and date of birth provided by the job applicant, a serious sex offense was discovered. The names did not match up and the middle initial of the job applicant matched only the first name of the convicted sex offender. Additional research led the investigator to discover several alias names, one of which matched the applicant, with a matching date of birth.  The sex offender registry listed an address that, although similar, did not match with the information the applicant provided.  Rather than giving up, the investigator grew resourceful. She forwarded a copy of the sex offender’s photo from the online registry to our client and asked that they confirm whether it was their job applicant. Sure enough, the convict and the job applicant were the same person.  These extra steps positively identified a rapist who went out of his way to avoid detection, including providing an invalid address.   Had the investigator run the sex offender search and nothing more, this applicant’s record would have been returned as clean, and the employer may have made a hiring decision without critical information about the applicant’s character and past criminal activity.

Good Guy/Bad Guy

In another example based on actual events, a criminal records researcher prevented an uninformed hiring decision for another employer due to his keen instincts, due diligence and understanding of what constitutes a “red flag” when performing a background search. In this case, a job applicant’s information was run through the applicable state’s sex offender registry.  The applicant’s name matched an offender, but the year of birth did not match.  Further, a social security number trace did not verify.  A call to the client to verify the SSN and date of birth led our investigator to an entirely different SSN and date of birth. The correct SSN was run and the address matched that of the sex offender.  A Google search found that the education, prior job experience, and resume did match with the information provided by the job applicant.  Unfortunately, there were two different individuals with identical information. The individual purporting to be the Good Guy was actually a Bad Guy.  The Bad Guy found the Good Guy’s resume and other information online and copied it onto his employment application. A classic case of identity theft! Turns out, the Bad Guy had an extensive criminal record, including forgery, criminal trespassing, and stalking.  The frightening part is that without the foresight to follow up with the client about the personally identifiable information initially provided by the applicant, the education and employment information would have checked out as there was an individual by the same name who studied and worked as put forth on the consent form.  Had the investigator not contacted the client to confirm the SSN, this criminal would have skated through the background check and come out clean on the other side.

At First Contact HR, the real-life illustrations above are used as a teaching resource for all new HR Investigator hires. If a SSN does not verify, there is a name hit (even if other information does not match) and/or the job applicant lists all previous employers as “supervisor no longer there,” prudence requires follow up and additional research by a team of HR Investigators.

For more information about First Contact HR’s background screening services and human resources consulting solutions, please call 267-419-1390 or email us at client.services@firstcontacthr.com

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USDA Performs Drug Tests for Recreational and Medical Marijuana, Even in States Where It’s Legal

Although the number of states that are legalizing marijuana is increasing, the U.S. Department of Agriculture is sticking to their “Drug-Free Workplace” Program. In a memo to over 100,000 employees, the USDA stated that while some may be permitted by state law to use marijuana for recreational purposes, it “is not authorized under Federal law nor the Department’s Drug-Free Workplace program.”

Under this program, the USDA may conduct drug tests randomly, after an accident / unsafe practice, or if they are under reasonable suspicion that a worker is using drugs. These tests check for substances identified by the Drug Enforcement Administration as Schedule I or II. Schedule II drugs, such as cocaine, Ritalin, and methadone, are categorized as substances with accepted medical use but have the potential for abuse. Conversely, Schedule I drugs have no accepted medical use and boast an even greater abuse potential than Schedule II. These drugs include marijuana, heroin, and LSD. The Drug-Free Workplace program has conducted Schedule I and II drug tests since 1988 and shows no sign of adjusting to recent marijuana legalization laws.

The USDA memo reminds workers that everyone who tests positive for marijuana, no matter the state, will be disciplined – including those who use medical marijuana. The memo references Medical Review Officer Manual, stating, “State initiatives and laws, which make available to an individual a variety of illicit drugs by a physician’s prescription or recommendation, do not make the use of these illicit drugs permissible under the Federal Drug-Free Workplace Program.” This puts those using medical marijuana under the same jurisdiction as recreational users.

While that may seem harsh, it should be noted that marijuana is still illegal under federal law. Therefore, the USDA, as a federal agency, must maintain a marijuana-free policy. Additionally, working under the influence of marijuana can potentially threaten the safety, health, and security of other USDA workers and the American public.

However, an article on the subject does note that federal policy might be in for a change. The Food and Drug Administration is performing a study on marijuana’s safety and medicinal effects. Should the Administration downgrade marijuana from its Schedule I status, the USDA’s strict stance on the drug may change

 

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California Proposes Bill to Implement Random Drug Tests on Doctors

Nearly one in five doctors develops a substance abuse problem at some point in their career, and one in ten currently working have a drug or alcohol addiction.

Consider the case of neurosurgeon Christopher Duntsch. After severely damaging the nerves of one patient and paralyzing another, the Texas hospital where he worked suspended him for one month. In his first surgery post-suspension, he severed a woman’s vertebral artery, causing her to bleed to death. While accidents are not uncommon in a surgical setting, Duntsch’s drug and alcohol addiction may have exacerbated the severity and frequency of these tragic malpractices.

Duntsch had been described as disastrous and allegedly would drink on the job — stashing vodka under his desk and reportedly taking LSD and Cocaine prior to surgeries. Despite these allegations, Duntsch never lost his license. In fact, when he left the one hospital, he was given a clean record. After being hired at a new hospital, Duntsch proceeded to botch two operations so badly, one woman ended up brain dead and another partially paralyzed. At this hospital, he was fired after one week. After 12 lawsuits from patients injured or paralyzed, and two deaths, Duntsch was never convicted of a crime.

Doctors like Duntsch are the reason California legislatures are pushing to implement random drug tests for doctors with hospital privileges and drug tests immediately following any major medical mistakes such as preventable deaths.

Under federal law, airline pilots and school bus drivers need to comply with random drug tests. These tests are performed to assure pilots and drivers can be responsible for the lives of others. This new bill would ensure that doctors would be held to that same level of accountability. Had random drug testing been implemented in the hospitals where Duntsch worked, negligent behavior could have been prevented.

 

Sources:

http://www.today.com/news/your-doctor-stoned-physicians-substance-abuse-problems-continue-work-1D79801891

http://www.nbclosangeles.com/news/local/doctor-drug-tests-troy-and-alana-pack-act-252061001.html

http://www.dallasnews.com/investigations/20140301-planos-baylor-hospital-faces-hard-questions-after-claims-against-former-neurosurgeon.ece

http://www.theguardian.com/world/2014/may/02/texas-legal-doctor-lawsuit-christopher-duntsch

 

 

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Government Shutdown and its Impact on HR

For the first time in 17 years, portions of the united states government are closed as the House of Representatives, the Senate and the White house were unable to reach an agreement to fund the federal government for the 2014 fiscal year.

While the affects of this government shutdown are broad and far reaching, the main cause for concern for human resource professionals should be that a number of government organizations such as; e-verify, and the Equal Employment Opportunity Commission (EEOC), have been either shutdown or severely limited.

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Anatomy of a Background Check

Lately, there has been quite a bit of discourse on the topic of background screening in the news. Between the EEOC suing Dollar General and BMW over their alleged discriminatory screening practices, the Philadelphia building collapse in June,and the Snowden/NSA information leaking case, there’s certainly plenty to discuss. But what exactly is a background check?

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Top 10 Background Check Trends for 2013

The rising popularity of background checks has given rise to new trends for vetting new hires and employees by organizations across the U.S.The growth of background checks also permeates other areas such as screening of volunteers, contractors, business partners, board members, housing tenants and even purchasers of guns. Here’s a list of the latest 10 ten trends for 2013 complied by First Contact HR.

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Hiring Concerns in Philadelphia Building Collapse

Center City, Philadelphia was faced with a tragic event Wednesday, June 5 when a building came crumbling down onto an adjacent building on 22nd and Market Streets. A total of six lives were lost and 13 people injured as rescue crews excavated bodies and survivors from the rubble.

A two-story wall of a building being demolished came down around 10:30am EST onto a neighboring Salvation Army thrift store below. The loss of life in this demolition accident is tragic, and now people are asking the questions: why and how did this happen?

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Three Drug Abuse and Detection Trends Employers Need to Know

Quest Diagnostics has recently released a new report on work-related drug testing and the associated trends. The comprehensive report details comparisons between 2011 and the first half of 2012 (January to June) and reveals some striking facts about the state of drug use in a sample of job seekers. The data they collected comes from more than 3.4 million drug tests handled in 2012. Below are the three most significant trends gleaned from the report.

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How to Conduct a Proper Employment Background Check [Infographic]

Employers today know all too well the importance of conducting a background check on new hires. Their reasons however may vary as to why they perform background checks. In our recent infographic on “Why You Need to Background Check,” we graphically illustrated some of the reasons for background screening.

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Why You Need To Background Check [Infographic]

Your new potential hire has just left your office following a final interview. You feel great about their attitude and they appear to have the pedigree of a top candidate. They have all the signs for success: a resume full of great experience, stories about converting tough clients, and the charisma/charm and character you’ve only ever read about in hiring books.

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