
Stephen
O'Connor, SPHR, is senior director of Professional Search Services
for the MHA Service Corporation, Lansing, and can be e-mailed at
soconnor@mha.org |
Staff
Matters Newsletter
July/August 2001
A Peach or a Bad Apple?:
Conducting
Background Investigations
By Steve O'Connor
|
|
Sometimes reading resumes
can be like translating a foreign language. The exaggeration and
hyperbole can leave you flummoxed. Scott Adams in the Dilbert Principle
suggests some examples. "I was the community liaison responsible
for enhancing our corporate image through partnering with a multimillion-dollar
fund-raising concern" really means "I got stuck organizing
the annual United Way campaign". "I was an integral part
of the project team that created a strategy responsible for increasing
our firm's revenues by $30 million" translated is, "I
attended a few meetings. They were pretty boring but the Danish
was good". In similar fashion, there are things that you'd
rather not hear during an interview. The Humor of the Day website
has isolated a few red flags that should give one pause. Questions
like, "What's your policy on severance pay?" or "How
long does it take to fire somebody for incompetence?" are definite
reasons to check some references. "How frequently does the
Accounting department audit the petty cash?" is an inquiry
that should surly trigger a criminal background check.
Speaking
of criminal background checks, more Human Resources professional
are hiring outside screening companies to help them avoid workplace
disasters involving theft, violence and fraud. In the March 2001
issue of HR Magazine, Charlotte Garvey offers tips for the employer
to help limit their legal exposure in the hiring process through
regular background checks of potential employees. The Fair Credit
Reporting Act (FCRA), the primary federal statute governing third-party
background checks, provides limited legal immunity to employers
who hire outside investigators. Generally, applicants must be notified
in writing that a background check will be conducted and they must
sign a consent form. The Federal Trade Commission (FTC), which administers
the law, suggests that these disclosure statements include date
of birth, Social Security number, and driver's license number and
address information. Most of these reports are exculpatory but what
to you do with negative information? To protect yourself, be sure
it's accurate and up to date. For example, information involving
civil suits and judgments that is more than seven years old must
not be included in the report. Ms. Garvey, points out that the FCRA
lays out specific procedures to follow if you decide not to hire
based on the results of the background check. Applicants must be
given reasonable time to contest the information (usually three
to five days). Once the applicant has had a reasonable opportunity
to respond, the employer is free to take adverse action, assuming
that they have provided the applicant a copy of the negative report,
a "notice of adverse action" informing them of the negative
decision and a Statement of Consumers Rights, developed by the FTC.
These are the basics. For further clarification and specific legal
guidance, please check with your attorney.
In an effort
to bring this important service to healthcare employers, the MHA
Service Corporation has endorsed Pre-Employment Screening Inc. from
St. Louis, Missouri as the preferred provided of comprehensive background
checking services.
Pre-Employment
Screening Inc. (PES) was founded in 1992 and is the largest background
checking company in the Midwest.
- They provide
background searches on:
- Social Security
verification
- Criminal
background
- Motor vehicle
report
- Credit history
- Previous
employment verification
- Academic
credentials
- Drug screening
- Workers'
compensation history
- Federal
criminal docket search
- Medicare
fraud sanction verification
For more information
on this highly responsive and cost-efficient service contact Kreg
Gunter at PES Inc. at 1-800-298 8344 or Steve O'Connor at 1-517-485-3240.
If you should be asked, "Can I bring my goat to the company
daycare center?" or have an applicant assert, "I can make
explosives from Windex, white-out and copy machine toner",
it's definitely time to conduct a thorough background check. |