You Ask, We Answer

Posted on February 23, 2012 by firstcontacthr

First Contact HR staff answers common questions we get on background checks, drug testing and other HR industry practices. Got a question? Ask us at info at FirstContactHR dot com

Question #8: Should I fire an individual for having a positive drug test result?

Every company has different policies. Some find termination as the only answer for a positive drug screen, as drug use is an immediate breach of company policy. On the other hand, many companies now offer Employee Assistance Programs (EAP), which include drug and alcohol counseling and treatment.

For more questions and answers, visit www.FirstContactHR.com and just Ask!

Babysitters or Child Predators?

Posted on February 9, 2012 by firstcontacthr

Most often the First Contact HR blog reports on trends, topics and news relating to background screening and other human resource practices for businesses. However, the need to background screen is not only pertinent to companies seeking to screen employees and applicants, but also to individuals and families seeking to hire a responsible person to provide part-time or full-time services such as childcare, elder care or home-cleaning services.

The need to hire responsible childcare providers is on the rise as the economy continues to rebound and parents find themselves once again gainfully employed. The decision to hire a qualified individual to watch over children while parents and or guardians are absent is one that should not be taken lightly.

The need to screen the individual who will provide childcare to minors is very important and highly recommended. Only two months into the year 2012, and the U.S. has already seen a high number of breaking news stories dealing with unfortunate incidents involving babysitters.

Here are some recent headlines and stories:

Montco Man Charged With Molesting Girl While Advertising Online As Babysitter

After advertising for babysitting jobs, a local man is accused of molesting a child he was supposed to be caring for. We are now learning our reporting is prompting a major online investigation. Read more

Babysitter sentenced to 40 years in prison for toddler’s death

A Springfield woman convicted of murdering an 18-month-old boy for whom she was babysitting was sentenced Tuesday to 40 years in prison. Read more

Babysitter sentenced to 10 years for shaking baby

Washington state woman, who admitted to violently shaking a baby left in her care, received the maximum sentence of 10 years. “She murdered who my child was supposed to be,” said the child’s mother, Jaime Thompson. Read more

Babysitter pleads not guilty to murder

The 28-year-old Hardin County babysitter who police say beat to death the little girl she was caring for answered to her upgraded charges. Ashley Chapman pled not guilty to murder Tuesday morning. Read more

So what can parents do to protect their children and ensure that those they interview or even find online are trustworthy? Certainly, you can start by hiring a reputable firm to perform a background check on the individual.

Here are some things to keep in mind when performing a babysitter background check:

You’ll need to get written permission from the applicant prior to performing a background check
To obtain the most relevant job-related information such as motor vehicle records and sex offender registry information, you will need to obtain information such as previous addresses the applicant lived, a social security number, and birth date.
Ask prospective babysitters to provide references from previous employers (not friends and family).
Ask question about work ethic, previous employment responsibility, etc.
Determine the type of background check you will perform. Background checks can range from a simple social security trace to a full package, thoroughly investigating the individual’s history. Contact a background screening firm such as First Contact HR to either perform the check, or advise you on what background screening plan you should put together.

With sites like Sittercity.com and Care.com, it’s impossible to know the full history of an individual you find online – even after the interview process. Let a background screening and human resource consulting firm help you be certain that you’ve hired the right person to childcare to precious members of your family.

Employers Face Class Action Lawsuits for Online Applications in Violation of Fair Credit Reporting Act

Posted on February 2, 2012 by firstcontacthr

In a response to a lack of communication during the online application process, the National Law Forum reports that an increasing number of job seekers are suing employers who are in violation of the Fair Credit Reporting Act (FCRA).

In a recent class action lawsuit against K-Mart, prosecutors say that the online applications that they filled out for positions at K-Mart are in violation of the FCRA. The retailer allegedly utilizes buttons on their online applications that either say “decline” or “accept.” These buttons are the only means offered by K-Mart to obtain an applicant’s consent to submit to a background. Apparently, this simple button click is not the correct way to obtain a background check authorization from an applicant.

According to the Fair Credit Reporting Act, in order to provide full disclosure to a job applicant:

a clear and conspicuous disclosure has been made in writing to the consumer at any time before the report is procured or caused to be procured, in a document that consists solely of the disclosure, that a consumer report may be obtained for employment purposes; and the consumer has authorized in writing (which authorization may be made on the document referred to in clause (i)) the procurement of the report by that person.

The simplicity of a “decline” or “accept” button does not constitute a written authorization, prosecutors say. Employers who utilize online job applications argue that under the Electronic Signatures in Global and National Commerce Act (E-Sign), electronically authorizing background checks are permitted. However, E-sign only applies to consumers or customers, not job applicants.

HR Professional Opinion:

(The comments below are part of First Contact HR’s opinion column where we offer the writer’s opinion on this post’s specific topic and thus should not be taken as legal advice.)

While it is certainly okay to obtain a background check authorization from an online job application, it is important to keep in mind that the authorization must:

Provide a clear and conspicuous disclosure in writing to the applicant that a consumer report for employment purposes will be procured;
The consumer has authorized in writing (such as e-mail, mouse click “yes” )the procurement of the report, and;
The electronic authorization must be “capable of being retained and accurately reproduced for later reference for the benefit of the consumer. Learn more

Regarding the K-Mart matter, it appears the company failed to satisfy the FCRA requirement stated above by requesting applicants merely to click a mouse button labeled “accept” or “decline.”

Although an electronic signature may prove to be a legally valid authorization to conduct a background check (under the FCRA), job applicants may be reluctant to accept the electronically-signed authorization and may require an actual hardcopy signature. To be safe, it might be prudent to stick with hardcopy signatures that are stored electronically with respect to background check authorizations.