May 16, 2012
A new trend seems to rearing it’s head in the world of background screening – renters running background checks on their landlords. Whereas previously a background check has been an important way for landlords to verify the trustworthy nature of their tenants, roles seem to be starting to reverse.
Due to the fact that landlords have been using screening services to establish the suitability of prospective tenants for decades, it’s certainly reasonable to encourage tenants to arm themselves with information to establish whether or not their working with a legitimate owner.
Why? To protect themselves from fraud, according to chron.com.
“People will pay the first and last month’s rent along with a hefty security deposit. Add to this the cost of switching utilities, moving expenses and even simple home decor and tenants could easily invest over $5,000 up front with their move” says Juergen Kneifel.
These costs often come with risks. The moment a tenant pays first and last month’s rent as well as that security deposit the opportunity for fraud begins. Without the proper background check by a potential tenant, how sure are they that the property they plan on renting is even owned by the so-called landlord?
Tom Hoban from Coast Real Estate says: ”It’s not surprising to me that there are people out there looking to take advantage of unsuspecting tenants in this way. What I’ve found most helpful is to know the people you’re doing business with,” Hoban said.
Hoban suggested that even if a person has keys to a house and is able to show the place as if they were the owner, you should still ask questions that would help to determine whether there is cause for concern. Perhaps asking about the former tenants or how long the property has been vacant. Ask about the typical utility bills for the place, or what day of the week garbage pickup occurs. By posing questions like this, potential tenants will get a better idea as to how trustworthy the landlord or agency is.
Ultimately, performing a background check on a potential landlord is the natural next step. In the words of Hoban, “”There is no substitute for due diligence.”
Have you ever performed a background check on your landlord? Would you, in order to mitigate any potential risks?
May 14, 2012
Wells Fargo is defending its background check program after coming under scrutiny for firing a worker that committed a crime forty years ago. Last Saturday, Yolanda Quesada, 58, received a letter from the FBI informing her that the shoplifting violations from 1972 were discovered. On Monday she was fired- without a clear explanation- from her job at the bank.
Because federal law forbids insured depository institutions from hiring people with criminal histories, Wells Fargo were required to fire Ms Quesada even though she had been working at the company for five years.
A Wells Fargo spokesman claimed: ”We are bound by federal law that generally prohibits us from hiring or continuing the employment of any person who we know has a criminal record involving dishonesty or breach of trust.”
This is where a difficulty becomes obvious – should such legislation be black and white, or is there a gray area where individuals ought to be entitled to some discretion?
“I think there’s more important things in life than something that I did 40 years ago,” Quesada said. “I did do the crime and, you know, I had just come out of high school. Maybe the banks will change the way they do these things and give people consideration for their life. I think I should get it back because it’s something I did 40 years ago. I paid for it. I’ve changed my life.”
Do you think that firing Ms Quesada was the right thing to do? Should these types of situations be judged on a case-by-case basis, or should there be a blanket rule for everyone as is in place currently?
May 11, 2012
As a lot of the country finds itself at the end of the recession, more and more businesses are starting to hire. However, it’s not a case of simply returning to previous practices when it comes to hiring new employees – a lot has changed, and there a few things to keep in mind as your bring in new staff.
Here are our five essential recruiting tips for business owners, as we enter a new phase of hiring:
Be wary of social media screening
Social media has progressed significantly since we entered the recession, and the likelihood is that every individual that applies for a role will have a social profile.
However, be careful of screening an applicant via these profiles. You may come across information regarding an applicant’s race, religious views or age – including such attributes in any hiring decision is illegal, so tread carefully.
Review your job ads
In the past, you may have highlighted a need for recent employment or experience for a role. But with the recession, there are many, many good candidates who may not be able to offer either.
Negative statements based on preconceived notions have no place in an ad. Focus on the positive things about working for your company instead.
Be open minded
Just because a resume may not be perfect or some answers are mumbled in an interview, don’t disregard someone straight away. Look at the bigger picture, and focus on the best in candidates and how they can contribute, rather than how they deal with the stress of job searching.
Run background checks
Staff testing is an absolute must, and is another area of recruitment that has evolved since the economy went into recession. Background checks are an integral part of many businesses now, and are key ways to ensure you will be hiring productive and valuable members of staff.
Check references
When the job market suffers, people are tempted to exaggerate their successes and lie in their job applications in order to get employed. So reference checks are now an essential way of verifying claims made in an application, and provides the potential employer with a much wider understanding of the applicants as individuals and as potential employees.
Those are our top five recruiting tips, but there are no doubt many more – are there any in particular you would add?
Some of them are down to you, but others – such as reference checks and staff testing are where you could do with some professional help, which is where we come in! If you have any questions about how to implement these key recruiting practices, get in contact with us and we’ll do our best to help.
May 09, 2012
When preparing a job posting it’s not unusual that an employer might like to limit the number of applicants applying for the position. “Just the other day I was asked on separate occassions whether a job posting could limit the position to international candidates with valid work authorization OR to U.S. citizens”, says Montserrat Miller of Immigration Compliance Insights.
You may have heard different variations of these questions and I always urge extreme caution to employers when using any such wording as such language could run afoul of the anti-discrimination provisions of the Immigration and Nationality Act (INA), specifically section 274B. These provisions prohibit hiring, firing, recruitment or referral for a fee, as well as unfair documentary practices during the form I-9 process, on the basis of citizenship, immigration status or national origin.
You might be asking yourself, are there instances in which an employer could insert restrictive language in a job posting? Yes, but they are very limited. One instance is when the government tells you to do so. In other words, if you are required in order to comply with law, regulation, or executive order, or required by Federal, State, or local government contract, or for which the Attorney General determines it to be essential for an employer to do business with an agency or department of the Federal, State, or local government.
The Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) recently responded to a letter regarding a situation where an employer could state in a job posting that the employer can only consider U.S. citizens. OSC recommends notifying applicants that the position is limited to U.S. citizens pursuant to a government contract, assuming that is the case, and suggested the following language in those instances, “Please note that pursuant to a government contract, this specific position requires U.S. citizenship status.”
The takeaway here is that in any form of staff testing employers must be mindful of the anti-discrimination provisions of the INA and realize that just because something sounds good from an efficiency point of view, it may in fact be unlawful.
Article originally posted on the Immigration Compliance Insights blog.
May 07, 2012
As the summer draws near, parents will have started thinking about how they are going to entertain their children over the school break that is not too far away.
One of the most popular activities will no doubt be summer camps – parents looking to send their children to daily, or perhaps overnight, camps, which will keep them occupied throughout the vacation period.
However, with what seems an innocent choice comes one issue – who’s looking after you children at these camps? Are they trustworthy? Whether you’re a camp manager or a parent, there are a few steps you can take to ensure that those who will be keeping an eye on children are safe to do so.
Summer camp background checks
As a camp manager, staff testing such as this is a no-brainer. You should be performing background checks on all of your staff. As a parent, performing your own background check on the camp staff may give you the peace of mind you are looking for.
There are a few important steps to keep in mind to ensure you do this right:
1) Find a pre-employment screening service
Finding yourself a reliable pre-employment screening service who know the rules, regulations and legislation for your state is step 1. They will ensure that any checks performed are thorough, relevant and affordable.
Research before you make your choice. ‘Free’ and ‘Instant’ background check companies are often fake or simply don’t do a very good job. This sort of information on people is neither free nor instant, so be sure to go with someone professional.
2) Choose the right background checks
There are many different types of background checks, and you don’t want to waste money performing background checks that aren’t relevant. Consider which are essential to meet your objectives of camp safety.
3) Have peace of mind!
Once the checks are complete, you will either find out important information regarding a staff member that is putting the attendees at risk, or you will receive peace of mind in the knowledge that everything is safe and the children are protected.
If you have any further questions about summer camp background checks, how you can get started or what they’re all about, get in touch with us today.
May 04, 2012
On Tuesday, June 12, 2012, Tory Johnson brings Spark & Hustle to take over Raleigh for one jam-packed, high-energy day enabling you to experience big breakthroughs in your business and yourself.
And guess who’s been invited to speak? Our very own CEO, Karen Caruso!
Karen will be directing the ‘Sales’ part of the schedule, and will be sharing the stage with some of the savviest and sharpest businesswomen in the country.
Thinking of attending? Here’s what you can expect:
- Assessing your action steps and execution plans so you know when to pause and when to pounce to make big things happen.
- Powerful time management techniques and the chance to bust the real fears that may be preventing you from tackling all you want.
- Plot branding, social media, marketing and traditional PR strategies that actually work to get you noticed by the right people.
- Open discussion about money—from readily available funding sources to pricing for profit to sales techniques that are anything but sleazy.
- Networking with great people!
So where is it being held?
The Raleigh Marriott City Center. This is located among hotels near NC State University, the NC State Fairgrounds and the Capitol Building. Spark & Hustle will be held in the State Ballroom first floor.
Marriott City Center,
500 Fayetteville Street
Raleigh, North Carolina 27601
(919) 833-1120
Interested? Register today for only $77!
May 02, 2012
Considering that the mission of the TSA is founded in ensuring safety, it seems surprising that some of the workers screening travelers at one major airport may not have been fully screened themselves.
Facing a backlog of background checks, the Transportation Security Administration gave airport employers the ability to hire any workers needed at Atlanta’s Hartsfield-Jackson airport – and the problem may in fact be even more widespread.
Typically, a new TSA hire goes through a variety of background checks. The airport looking to hire a new worker submits their information to the Airport Association of Airport Executives, which processes the background check, according to the TSA website. Then the employee’s information is checked against the Terrorist Screening Database. At the same time, the airport conducts its own background check process.
Because of a backup in the request submitted to the Airport Executive Association, TSA allowed airports to hire employees who hadn’t fully completed the background check process. Still, all employees ultimately go through the full background check.
“The Transportation Security Administration (TSA) was recently made aware that a newly implemented change to the system used to process airline and airport employee background checks resulted in a delay for requests submitted through the American Association of Airport Executives (AAAE),” TSA said in a statement. “To allow for a continuity of operations, TSA has provided airports and airlines with interim regulatory relief. At no time was security at risk, and all new employees will still undergo identity verification and be subject to watch list matching.” The TSA would not identify which airports have hired screeners without completing background checks.
The agency has come under a lot of scrutiny since it’s conception, and these types of stories certainly aren’t going to help matters. It is certainly a concern that the agency that epitomizes safety in screening checks is cutting corners, and no doubt those in authority will be making significant changes now such news is public.
April 30, 2012
The U.S. Equal Employment Opportunity Commission issued new guidelines for employers on the use of criminal background checks when hiring new employees April 25, but lawyers who follow the agency closely do not anticipate major enforcement policy changes as a result.
“The new guidance clarifies and updates the EEOC’s longstanding policy concerning the use of arrest and conviction records in employment, which will assist job seekers, employees, employers, and many other agency stakeholders,” said EEOC Chair Jacqueline Berrien in a written statement.
In a 4 to 1 vote, the commissioners approved the 52-page document after reviewing hundreds of comments and holding a public meeting last year. Commissioner Constance Barker, a Republican, voted against the guidelines.
The EEOC is concerned that the use of criminal background checks in hiring decisions has a disparate impact on minorities. According to the EEOC, 1 in 17 white men will serve time in jail during their lifetimes, compared to 1 in 6 Hispanic men and 1 in 3 black men. About 92 percent of companies report using background checks as part of their hiring process.
The guidelines reiterate existing law that employers must show that refusing to hire someone based on criminal history is job-related, and spell out ways employers can show this.
“I applaud the EEOC’s bipartisan effort,” said Proskauer Rose partner Leslie Silverman, who served as an EEOC commissioner from 2002 until 2008. “The guidance is not going to answer every question, and it doesn’t draw bright lines, but it does give employers a better understanding of the EEOC’s position on how to use criminal background checks in compliance with federal anti-discrimination laws.”
The EEOC’s guideline review was prompted in part by a 2007 opinion from the U.S. Court of Appeals for the 3rd Circuit in a case involving a bus driver who was fired after his employer learned of his 40-year old conviction for second-degree murder. The court in El v. Southeastern Pennsylvania Transportation Authority said the EEOC’s guidelines were “not entitled to great deference” because they did not “substantively analyze the statute.”
At a meeting in July 2011, the EEOC commissioners discussed options such as barring employers from asking about old convictions, or prohibiting questions about criminal history on an initial job application (though the topic could still be broached in an interview). Business groups opposed such measures, and in the end, the EEOC did not include them in the guidelines.
Another issue is what should happen when an employer learns that a prospective employee has a prior conviction. The EEOC determined it was a best practice — but not a requirement — for an employer to conduct an individualized assessment, to verify the information is correct and give the applicant a chance to explain the circumstances.
The guidelines also note that that Title VII of the Civil Rights Act preempts state and local laws that impose lifetime bans on employing people with long-ago convictions that bear no relation to their job performance and behavior today, according to the Lawyers’ Committee for Civil Rights Under Law. “No longer will persons with criminal histories be permanently excluded from the workforce,” said Ray McClain, director of the Lawyers’ Committee’s Employment Discrimination Project.
The guidelines consolidate three separate policy documents, two from 1987 and one from 1990, as well as incorporating more recent agency advisory opinions.
Source: National Law Journal
April 27, 2012
First and foremost, let us define what we mean by ‘staff testing’. While it could refer to a multitude of HR practices, staff testing in this blog post relates to employment screening – such as drug tests and background checks – that will ensure your business is making the right hiring decisions for your future success.
As an employer, one of the most important aspects of hiring is this form of staff testing, which consists of two main parts: pre-employment background checks and drug screening.
There are several reasons as to why it’s a good idea to run pre-employment background checks on potential new hires, including taking precaution to avoid future litigation and legal requirements. When it comes to drug screening, the primary reason is to avoid the legal issues if an employee has an accident while intoxicated at work. Drugs in the workplace can result in big bills for workers compensation if there’s an accident. It can also reduce productivity, and statistics show that those who abuse drugs and alcohol are ten times more likely to take time off work.
Why are they important?
According to statistics from recent studies on drug abuse by American workers, workplace drug and alcohol use costs U.S. businesses an estimated $100 billion each year.
Furthermore, 30% of all business failures are caused by employee theft. That’s almost 1 in 3 failed businesses that may have been saved had employment screening occurred.
Take a look at more reasons why you should be screening your employees.
How to get started
Firstly, I would decide which types of background checks you would like to perform. To do this, it would be a good idea to talk to a pre-employment screening service. A background screening service will provide you with reliable results, ensuring that you know any information regarding applicants or employees that could put you at risk. By helping you obtain such information, you are in a better position to make any hiring decisions.
For more information on staff testing, your next steps and how we might be able to help, get in touch today!
April 25, 2012
Background checks for teachers has long been an issue for many states, North Carolina included. Despite teacher background checks being implemented with increased legislation, teacher’s unions have long made it difficult to get unsuitable teachers removed from the education system.
However, under an education reform package rolled out Monday by Senate Republicans, North Carolina’s public school teachers would see employment tenure eliminated, but become eligible for performance bonuses.
The public school initiatives were unveiled by Senate leader Phil Berger, who said most of the ideas should draw broad support because they are designed to make students better equipped to graduate from high school and avoid costly remedial classes at universities and community colleges. Berger expects lawmakers can find an additional $45 million — the package’s price tag for the fiscal year starting July 1.
Republicans sought to aim Monday’s focus upon the “Read to Achieve” program at the front of the legislation, in which students at risk of falling behind in reading would get more intensive instruction. Thirty-nine percent of third-graders didn’t meet grade-level reading requirements on standardized test in the last school year, state data show.
But Berger said he knows that some of the proposals will be controversial — the tenure elimination likely to be one of them — but believes there should be an honest debate on the state’s education policy. The debate on the so-called “Excellent Public Schools Act” is likely to begin in earnest when the Legislature reconvenes May 16 for its budget-adjusting session.
“We’ve said for a long time that the policy needs to be right in order for us to expect the kinds of results the people of North Carolina and our kids deserve,” Berger, R-Rockingham, said in an interview with The Associated Press. Berger and two of his top lieutenants filed the legislation as he held a news conference on the effort.
With this additional focus on the performance of teachers, there will no doubt be more discussion in regards to employment checks on school staff and how these checks are performed. The education of the youth of North Carolina is an important issue, and one we will be sure to keep a close watch on.
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