The Shocking Revelation of an HR Manager Gone Rogue

Fired from work close up. Human resources concept

The job title of human resource manager is generally synonymous with terms like trustworthy, ethical, fair, credible and an advocate for employees of an organization. It seems nearly inconceivable to associate human resource professionals with behaviors such as fraud and theft. For many organizations, trusting their HR staff to recruit, screen, and manage thorough human resource processes for the company is paramount. HR professionals typically have access to employees’ personal and confidential information, such as performance reviews, salary data and health records.  As a background screening company, it is typical for the staff at First Contact HR (FCHR) to provide decision-support to its clients when the facts do not add up.

Recently a company sourced and hired a human resource manager for one of their office locations from an employment agency. The agency had a stated policy on its website that it performed background investigations on all their contracted staff. As a result, the company decided not to duplicate efforts by performing their own background check of the new hire. Had this particular company ran their own background investigation during the onboarding process of this individual, they would have discovered inconsistencies with some of the credentials provided during the hiring process by the employee.

Shortly after hiring the HR professional, the company began receiving troubling information related to the identity of the new employee. The company’s Corporate HR team received a call from a state unemployment agency requesting information on an individual who applied for unemployment. To the company’s surprise, it was for their newly hired, HR manager. The company responded to the agency by stating that the HR manager was still employed with their organization, however several days later received a call from the same state unemployment agency requesting they provide identification data on the new employee.

The agency had reason to believe that the newly hired employee was not who they claimed to be. With growing suspicion, the company opted to conduct their own background check (through First Contact HR). During this process, a number of inconsistencies became evident, including significant discrepancies with the applicant’s academic and past employment verifications.

It was soon discovered that the HR manager in question was in fact working under another person’s identity. The state unemployment agency called and instructed the identity fraud victim to contact the company where the perpetrator worked. It turns out the identity assumed by the soon-to-be-fired HR manager was none other than and their former colleague. The company’s newly hired HR manager had stolen this person’s identity to hide a very lengthy criminal past. Once First Contact HR obtained the true identity of the HR manager, a full investigation was conducted and unveiled a habitual criminal past of identity theft, fraud, and other egregious crimes.

The company’s corporate executives decided to press charges, and the employee was arrested.

When it comes to hiring, no employee – regardless of socioeconomic status, education level, career level or background – is exempt from unethical behavior. It is in your company’s best interest to run thorough and comprehensive background checks on all new employees. Be sure to keep in mind that when working with employment agencies, you request proof of a background check prior to hiring an individual. It is also recommended to conduct periodic audits of the background screening practices of the employment agencies you use.

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PA Act 153 Amendments

Recently, the PA general assembly passed legislation aimed at providing relief to colleges and universities required to comply with the Act 153 background check requirements. The bill (HB 1276) passed the House with a vote of 190-5. It was ratified by the Senate with a unanimous vote.

The new language removes the background check requirement for employees of higher education whose direct contact with children is limited to either (A) prospective students visiting a campus, or (B) matriculated students who are enrolled at the institution. The bill also limits the need for background checks to only those on the administrative staff who have; routine interaction (i.e, “regular and repeated contact that is integral to a person’s employment or volunteer responsibilities”), and direct contact, with children. These changes remove the background check requirement for the majority of the faculty and staff at colleges and universities.

However, background checks are still required for any employee of a college or university if that individual is in direct contact with a student who is enrolled in a secondary school. This measure is intended to protect children who are in dual enrollment programs and concurrently attend high school while taking college courses. Also, background checks are still required for any college employee who has direct contact with children at summer youth camps or other youth oriented programs.

The effective date for volunteers to get certifications has been extended to August 25th 2015, and the re-certification for background checks has been increased from every three years to every five years.

 

First Contact HR’s Recommendation:

Because these changes come amidst colleges already going through screening practices that may now be extraneous – we would advise colleges and universities to continue to background check the majority of their employees in order to keep their institutions safe. Parents of children going off to college will feel more at ease knowing that the school they have chosen did more than the bare-minimum with regard to their students’ well-being. Keeping up to date with background checks on all employees is still the best practice, and with the recent fee reductions it is now more affordable to ensure the school’s staff is fully vetted.

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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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Minimize White-Collar Crime in the Workplace

White-collar crime is on track to cost the USA more than $300 billion annually, with the trend steadily growing as technology takes a prominent role in day-to-day business, according to the FBI. White-collar crime is defined as nonviolent financial crimes – commercial or consumer fraud, embezzlement, bribery, etc.

Recently, Mike Levy, Chief of Computer Crimes, U.S. Attorney’s Office, presented “White-Collar Crime: Are You At Risk?” to Fort Washington Business Alliance (FWBA) members at Talamore Country Club in Pennsylvania. Mr. Levy shared how businesses can proactively prevent cyber-crime by managing disgruntled employees, installing software updates and uncovering phishing scams.

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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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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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Accuracy in Employee Background Checks is Cited as Priority by NAPBS in 2013

The National Association of Professional Background Screeners (NAPBS) released 5 tips for conducting effective employee background checks in 2013.

The Association’s guidance is targeted to all employers that utilize employment background checks to vet employees for job opportunities. Company roles in human resources, legal compliance, risk management, finance and general management should review the full press release.

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Penn State University Implements Updated Background Check Policy

Prior to the NCAA and Big Ten Conference sanctions, board of trustee decisions following the Freeh Report and the release of chilling voicemails left by Jerry Sandusky on a victim’s phone, the looming question of Penn State’s next steps still remain. The image of the university is undoubtedly tarnished after the Jerry Sandusky child sex abuse trial revealed university officials sat idle as children were victimized by the former assistant coach to the prestigious football team.

The university is still the subject of a number of investigations and the current president, Rodney Erickson says the university is cooperating fully. [Read more] Following the sanctions levied by the NCAA and Big Ten, credit ratings provider, Moody’s Corporation announced that it may cut the university’s current “Aa1” credit rating. A downgrade from Moody’s could make it more expensive for Penn State to borrow money – the school is already $1 billion in debt. [Read more]

Financial woes aside, the university has already begun taking steps to make a dent in replenishing the image it once had; removing the Joe Paterno statue from campus may not be enough.

Erickson announced earlier this month that the university would adopt a new background check procedure. On July 5, all current and future job candidates (including third-party candidates) must undergo a criminal background check prior to working for the university. HR99 as it’s called incorporates a “more comprehensive procedure that also ensures compliance with recently issued new guidance by the Equal Employment Opportunity Commission on background checks.”

Associate vice president of Human Resources, Susan Basso, says that “to provide the safest possible environment for our students, faculty, staff and visitors it is imperative that Penn State implements consistent and thorough background check procedures.”

First Contact HR has always recommended that higher education adhere to EEOC guidelines and adopt a comprehensive background check policy that meets their specific needs. No college or university is the same, yet identity verification, criminal records research, sex offender registry checks, employment and education verification and motor vehicle records review are all recommended services for any potential staff member of an educational institution.

Regarding the effectiveness of background checks, Jerry Sandusky had a criminal background and was even denied a volunteer coaching job in 2010 after Juniata College conducted a background check.

 

HR Professional Opinion:

Higher education institutions should audit their current practices and conduct an objective risk assessment. Student safety and security should be high priority and never subordinate to other objectives of the institution. Conducting comprehensive background checks that are in compliance with federal, state and local laws are key in protecting the institution’s reputation, hiring and retaining the right talent, while creating a culture that matches the institution’s goals, objectives and vision.

Higher education should evaluate all new hires, volunteers and contractors, considering the following factors against the work to be performed or held, the work performance location, and the degree of risk to the organization:

  1. Any loyalty or terrorism issue;
  2. Patterns of conduct (e.g., alcoholism/drug addiction, financial irresponsibility/major liabilities, dishonesty, un-employability for Negligence or misconduct, criminal conduct);
  3. Felony and misdemeanor offenses;
  4. Drug manufacturing/trafficking/sale;
  5. Significant honesty issue (e.g., extortion, armed robbery, embezzlement, perjury);
  6. Criminal sexual misconduct;
  7. Serious violent behavior (e.g., rape, aggravated assault, arson, child abuse, manslaughter);
  8. Illegal use of firearms/explosives; and
  9. Employment related misconduct involving dishonesty, policy violations, criminal or violent behavior.

Further, prior to taking any adverse action against any subject, First Contact HR recommends consideration of the following:

  1. The nature, extent and seriousness of the conduct;
  2. The circumstances surrounding the conduct;
  3. The frequency of the conduct;
  4. How recently the conduct occurred;
  5. The individual’s age and maturity at the time of the conduct;
  6. The presence or absence of rehabilitation and other pertinent behavior changes;
  7. The potential for pressure, coercion, exploitation, or duress;
  8. The likelihood of continuation of the conduct;
  9. How, and if, the conduct bears upon potential job responsibilities; and
  10. The individual’s employment history before and after the conduct.

 

 

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U. Penn Dean, and Former NYU Staffer, Resigns over Fabricated Doctorate

(Univ. of Pa. photo)

On April 26, 2012 a vice dean of the University of Pennsylvania School of Education resigned after questions of his academic background arose. Doug Lynch, a trusted faculty member at the University of Pennsylvania, claims that he has a doctorate. His resume states that he earned his doctorate from Columbia University in 2007, yet Columbia said that he has not yet earned his Ph.D. Additionally, on the Fels institute of Government webpage, Lynch was listed as “Dr. Lynch.”

Prior to quietly resigning following an investigation by the University of Pennsylvania into the authenticity of his claimed doctoral degree, the Philadelphia Inquirer published an article about Lynch being placed on leave. Read more

 

HR Professional Opinion

Fabricating facts and figures on a resume is fraud – and while it is not necessarily a crime, it is certainly a “misdemeanor offense” in the working world. Resume fabrication commonly includes lying about receiving a degree or certification, exaggerating numbers like GPA and dates worked on a particular project or job, inflating titles, providing a fake address, etc.

Those who get caught not only tarnish their reputation, but bad press is directed towards the organization that hired the individual guilty of fraud. Basically, resume fraud doesn’t look good for anyone, hence the importance of conducting education verifications in a pre-employment background check.

This is not the first time we’ve seen organizations in the limelight for hiring employees with fabricated backgrounds. Remember these?

  • Ronald Zarrella, Bausch & Lomb chief executive officer claimed to have graduated from New York University’s Stern School of Business. He actually only attended the MBA program from 1972-1976, yet never graduated.
  • George O’Leary, ex-Notre Dame football coach resigned five days after being hired after admitting to resume fraud. He claimed that he received his master’s degree in education from New York University, yet he never received that degree. He also lied about playing college football for the University of New Hampshire. This was also inaccurate.
  • Dave Edmondson, chief executive of RadioShack claimed to have received degrees in theology and psychology from Pacific Coast Baptist College in California. As it turns out, Edmondson only completed two semesters and that psychology wasn’t even a degree that was offered by the college.

 

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