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Lawsuit Against Burger Chain Shows Importance of Proper Screening

November 14, 2017 by screeningintel Leave a Comment

The popular restaurant Five Guys Burgers and Fries has a potential class action lawsuit by a California employee for not conducting background checks in compliance with current laws. California state law and the Fair Credit Reporting Act (FCRA) state that clear disclosure must be given to all employees and applicants before conducting a check into their histories for criminal or financial issues.

Proper Screening

Class Action Suits Could Cost Companies Millions

Similar legal action was filed this past February against UPS (United Parcel Service) in Florida. This trend of lawsuits being filed against employers indicates that companies are under more scrutiny than ever before. It is imperative to conduct proper screening in a way that is always in compliance with state and federal laws.

Plaintiffs in both lawsuits against Five Guys Burgers and Fries and UPS are seeking class action status so that all former, current and prospective from the past five years who were treated in this manner will covered. The plaintiff in the burger chain lawsuit seeks restitution, actual and liquidated damages, declaratory relief, unpaid wages and pre-judgement interest on these monies. They are also seeking civil and statutory penalties in addition to legal fees and costs. Five Guys Burgers and Fries is also charged with various wage and hours violations.

FCRA Proper Screening Disclosure Protocols Must Be Followed

In the UPS lawsuit, statutory damages of as much as $1,000 per screening violation is sought by the plaintiffs, in addition to punitive damages and reimbursements for attorneys’ fees. The outcomes of both cases hinge on the plaintiff attorneys’ ability to show conclusively that there was a failure of their employers to properly disclose background information and that this was a regular practice of the company, not just a misstep.

As for the companies, they must show that they do in fact follow FCRA protocols. This must be demonstrated through written documentation and related proof that shows they are not in violation of key employment screening laws at both the state and federal levels.

The companies being sued will have to show evidence that they informed their employees of their screening process and also provided them with copies of the background check information that resulted in their taking adverse action. This documentation must have been provided before taking the action and must have included a copy of the Federal Trade Commission’s pamphlet entitled “Summary of Your Rights Under the Fair Credit Reporting Act.”

Proper Screening Using Professional Employment Screening Can Help to Ensure Compliance

These cases are indicative of just how important it is for employers to be informed of the laws that govern hiring processes and proper screening from state to state. Not staying in compliance and conducting DIY employment screening can result in serious legal and financial consequences.

Businesses that are not sure of the guidelines they must follow can take much of the guesswork out of the process by partnering with an experienced employment screening company. By outsourcing background checks to a professional, companies can rest assured that the proper screening will take place in a way that is compliant with state, local and national laws. This allows companies to stay focused on other key aspects of hiring so that the very best candidates can be selected.

Disclaimer Statement: All information presented is never intended as legal advice and is for information purposes only.

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Filed Under: employment background screening

5 Employer Tips For HR Staff to Avoid Resume Fraud

October 10, 2017 by screeningintel Leave a Comment

Over 50 percent of U.S. job applicants admit to having stretched the truth on their resumes – and that’s just the portion of applicants who choose to admit it! Applicants who lie on resumes and commit resume fraud might be pursuing jobs at any level, from junior level employee to senior executive.

Resume Fraud

Falling for lies can lead employers to make poor hiring decisions. This in turn can deteriorate the quality of productivity, staff results and ultimately business profits. Applicants who lie on resumes may commit fraud in other areas of their job responsibilities as well. There is also the risk of a negligent hiring lawsuit if the worker goes on to commit crimes once they are part of the staff.

The following are some tips for employers and HR staff to minimize their risk of falling for resume fraud:

1. Look For Discrepancies and Gaps

A lack of consistency is the biggest red flag when looking for resume fraud. Also, those who have the longest gaps in their employment have been found to be the most likely to lie on their resume in order to cover the gaps and make themselves look more appealing.

2. Pay Close Attention to the Areas that Tend to Be Embellished Most

Two of the areas most prone to resume fraud are education and employment history. Some applicants will extend the years they worked at a firm, fill in gaps with fictitious employment and lie about the degrees and employee training programs they have completed. The best way to determine the truth during an employer interview is to probe deeper and ask pointed questions.

3. Watch Body Language and Verbal Cues

While some degree of nervousness is normal at a job interview, take note if the interviewee’s anxiety escalates when talking about their education, employment history or any other aspect of the resume that seems embellished. This could be a sign that they have lied in these areas. If they begin to stop using personal pronouns like “I” and “me” when talking about a specific area, this could be a sign that they are trying to distance themselves from a lie.

4. Make Phone Calls to Follow Up and Identify Resume Fraud

Following up with a phone call to each of the organizations listed on the resume is the best way to verify the dates and other specifics listed there. While this can be time consuming for employers who have numerous resumes to sift through, this step can be reserved for the top tier of candidates who are being seriously considered.

5. Use Professional Employment Screening and Background Checks

Making use of a professional screening service is valuable in determining the history of job applicants. Employment screening can look into all areas relevant to position including financial history, credit history and criminal background. Employers can also have the professional screening company verify previous employers, educational institutions and references. Professional employment screening can help to give a more complete picture of the applicant’s background.

Resume fraud is a very real risk for employers. Over 50 percent of hiring managers report finding lies on the resumes they receive. Employers can use these tips to avoid resume fraud and help minimize their liability and connect with the very best candidates for each position.

Disclaimer Statement: All information presented is never intended as legal advice and is for information purposes only.

Sources: http://time.com/money/3995981/how-many-people-lie-resumes/
http://www.nydailynews.com/jobs/don-blow-chances-padded-resume-article-1.331573

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Filed Under: human resources

The Risks and Dangers of DIY Employment Screening

September 12, 2017 by screeningintel Leave a Comment

When a business person takes on the task of Do It Yourself (DIY) employment screening, they can potentially put their company and staff at risk. The human resources giant, ADP, says that almost ten percent of the background checks completed uncover a problem. This means that there is a one in ten chance of hiring someone who could potentially put the company at risk, but you could find out about first.

DIY Employment Screening

The following are some of the other risks that employers take when they do DIY employment screening themselves:

Someone May Be Hired Who Can’t Focus on Their Job

If an employer is unaware that a candidate has had issues with drug or alcohol problems, financial issues or legal problems, a person may be hired who can’t focus on their job. The individual may have many things on their mind other than work. The result can be employee performance issues, which can take a long time to cycle through a review and disciplinary process.

An Uncomfortable Work Environment Can Be Created for the Current Staff

If someone is hired with a history of bullying or violence in the workplace, the staff may discover this workplace safety issue sooner than the supervisor. When the new employee’s real nature begins to come out, it will affect the staff and can cause them to become anxious and fearful at work. If managers don’t do something quickly and the person physically threatens one of the staff, the managers may be legally liable for creating an unsafe work environment in the company.

The Company’s Intellectual Capital May Be at Risk

When hiring people who will have direct access to the company’s sensitive information, such as staff in the IT department, that information will be put at risk if the wrong person is hired. A problem employee could also cause damage to computer hardware and software, compromising important company information.

A Person’s Privacy and Rights Can Be Violated with DIY Employment Screening

When DIY employment screening managers conduct their own screening, they are required to keep up with current regulations as to what can and cannot be done in an employee background check. For example, if the screener probes too deeply into someone’s medical or financial history, they could be accused of violating privacy laws. This is a compelling reason to let a professional screening and background check service perform compliant employment background screening, as the staff must be continually current on the screening laws in each state that they serve.

Using a professional screening and background check service reduces the DIY employment screening risks and a range of issues down the road. Higher quality employees will inevitably be hired, and employee happiness will increase with existing staff by having a safe and productive workplace.

Disclaimer Statement: All information presented is never intended as legal advice and is for information purposes only.

Source:

http://www.adp.com/tools-and-resources/adp-research-institute/insights/insight-item-detail.aspx

http://work.chron.com/role-preemployment-screening-dealing-disgruntled-employees-7297.html

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Filed Under: background checks

Cities Are Challenging Uber Over Fingerprint Background Checks

August 15, 2017 by screeningintel Leave a Comment

When people talk about the USA’s fastest-growing companies, “Uber” is one of the first words out of their mouths. An obstacle to the growth of Uber and other ride-sharing companies such as Lyft has emerged — a movement to require the industry to give its prospective drivers fingerprint background checks.

Fingerprint Background Checks

As of the summer of 2016, none of the more than 30 states that regulate the ride-sharing industry require companies in the industry to fingerprint their drivers, reports the Press of Atlantic City in an article entitled “Uber OK with New Jersey attorney general deciding on background checks.” However, states like California, Massachusetts, and New Jersey as well as several cities are considering imposing these requirements, according to the U.S. News & World Report article “Uber, Lyft battle governments over driver fingerprint checks.”

Representatives from Uber and Lyft contend that the background screening checks conducted by the companies are as safe as fingerprint background checks and take as little as 24 hours while fingerprint background checks can take up to five days. The extra time slows down the hiring of drivers and increases pickup times. Consequently, the proposed requirements jeopardize their business, company reps say.

In addition, Uber’s experience in Houston, where more than 19,000 drivers passed the company’s background screening check but later took a city-mandated fingerprint background check, proved that drivers who passed the non-fingerprint background check were just as reliable as drivers who were fingerprinted, Uber head of public policy for safety Dorothy Chou told U.S. News & World Report. Uber’s prospective drivers’ names as well as their license and Social Security numbers were checked in local court records and national criminal databases as well as a federal sex offender registry.

Advocates of fingerprinting contend, though, that it is more accurate than name checks. Jay Wachtel, a criminal justice expert, told U.S. News & World Report that fingerprint background checks are “eons beyond what you could do in a name check.” In addition, prosecutors in Los Angeles and San Francisco sued Uber after claiming that 25 drivers who passed the company’s background screening had criminal histories.

Ride-Sharing Companies Oppose Fingerprint Background Checks

Uber and Lyft’s opposition to fingerprint background checks is so strong that they left Austin, Texas, after the city mandated them. The two companies have also threatened to leave other cities and states that pass fingerprint background check laws and have hired former Attorney General Eric Holder to fight proposals to require fingerprint background checks in Chicago and New Jersey. Chicago’s City Council voted in June of 2016 to require fingerprinting if an independent study concludes it is fair and safe, reported CNBC in an article entitled “After Austin, Uber and Lyft could leave Chicago too.

”Holder wrote (to Chicago and New Jersey) that because of deficiencies in the FBI’s database, fingerprint checks can prevent people from getting jobs even if they never were convicted,” reported the Press of Atlantic City article. “He said they can discriminate against minorities.”

Lyft and Uber contend that taxi companies are responsible for the recent increase in the number of cities and states that are considering requiring ride-sharing services to conduct fingerprint background checks. Taxi drivers in most major cities are fingerprinted, the U.S. News & World Report reported.

Disclaimer Statement: All information presented is never intended as legal advice and is for information purposes only.

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Filed Under: criminal background check

Dispelling the Myths Behind Employment Background Checks

July 25, 2017 by screeningintel 1 Comment

Few things strike fear into the hearts and minds of job seekers more than employment background checks. Whether you have bad credit, have accumulated a fair share of speeding tickets, or have a felony on your record, chances are you’ve at least wondered if the check will unearth something that stands between you and the job of your dreams. While the background inquiry has become a pivotal point in the hiring process, many job hunters have endless misperceptions about what a background check is and what it reveals.

Employment Background Checks

Here are four myths about employment background checks that you can forget. As an employer, this clarification can help you choose the right screening program for your company. As an employee, it can help provide comfort knowing what you’re up against.

Myth: All employment background checks are created equal.

There are Fair Credit Reporting Act (FCRA) guidelines in place that every background screening agency should follow, theoretically leading to the same standards used across companies. However, there is no single database loaded with all criminal information and different companies go digging with different zeal. Whether you are an employer or a potential employee, if a service offers a deal that seems too good to be true, it probably is. Approaching a background check haphazardly can lead to erroneous information, a false sense of comfort, a poor hire or even a lawsuit.

Myth: Employment background checks only look for criminal charges.

Different employers seek different information. Expect to face greater scrutiny if you’re handling money or security; responsible for the care of people who are elderly, disabled or children; or enforcing the law. Some employers examine military records, bankruptcy proceedings, driving records, sex offender lists and drug test results.

Myth: Employers can’t look at social media profiles.

Although the Equal Employment Opportunity Commission discourages making hiring decisions on the basis of social media background checks, such digging isn’t illegal as of 2016. Most employers use these resources to look for profane comments, inappropriate photos or anything else that would put the company’s reputation at risk.

Myth: Employers are trying to find a reason not to hire you.

By the time a background check is underway, the odds are that the employer wants to hire you. Employers usually use this step as the last one prior to an official hire.

If you want a comprehensive background check completed, please contact Screening Intelligence. From pre-employment background checks to tenant screening, they are here to help.

Disclaimer Statement: All information presented is never intended as legal advice and is for information purposes only.

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Filed Under: human resources

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