Posted in background legislation, background screening, criminal background checks
After former Maryland M.D. William Dando had his medical license suspended following allegations of sexual assault, the state is now considering re-visiting legislation that would require all healthcare providers, including doctors, to undergo background checks.
Maryland is one of only 13 states that does not currently require background checks on doctors. The state had considered legislation as recently as last year (and as early as 2007) regarding whether healthcare professionals should undergo background screening, but after legislators could not agree over a single word’s usage during the 2013 assembly, the bill was dropped and not reintroduced.
However, as of this year, chiropractors, counselors and therapists — for both mental health and physical recovery — are required to undergo background checks per the state regulatory board.
Dando was able to get his medical license in Maryland, and practice medicine in the state for nearly two decades, before it was found that he had a previous conviction in another state for raping a woman at gunpoint. That conviction was from 1987, and he served four years of a 10-year sentence.
Now, Maryland’s Board of Physicians — the board that approved Dando’s license — will meet this summer to discuss options for screening, moving forward. Previously the Board only asked its applicants if they had previous convictions or arrests. Dando allegedly told the board that he had a previous assault conviction, but it may not have been investigated, and Dando was allowed to obtain his medical license in 1996.
Dando has pleaded not guilty to the new sexual assault charges, which were brought against him in April. His trial is scheduled for September.
If the Board of Physicians decides to approve a mandate to screen all doctors, it will then have access to the FBI’s national criminal database.
Posted in background screening, pre-employment background checks, school background checks, teacher checks
After an internal audit, a Springfield, Mo., school district is considering adding more current types of background checks to its hiring and retention policies, including fingerprinting all long-time employees.
According to an internal audit report, fingerprint-based background checks did not become district policy until January 1, 2005, and Springfield Public Schools has not fingerprinted employees that were hired by the district prior to that date. More than 1,000 employees were hired before 2005 that have remained in the school district. Before 2005, the district only conducted name-based state criminal background checks.
The audit also found that teachers who leave the district and return within a year are not required to be re-screened. The auditor, Wayland Mueller, requested the district seek legal advice about what types of background checks should be considered in the case of re-hiring.
Mueller also recommended that the district conduct additional types of background checks on those hired before 2005, including fingerprinting and criminal history checks. A recommendation on how to go about that process of fingerprinting, which will cost the district approximately $45 per employee, will be made within 60 days.
Springfield Public Schools representative Parker McKenna says that the district now does fingerprint background checks on all new employees per Missouri law, as well as checking candidate names against a family care registry.
Meanwhile, other districts in the state have other precautions in place to prevent abuse, including requiring background checks on anyone volunteering in the district, and reviewing sex-offender listings.
The district audit was requested after Springfield student Hailey Owens was abducted, sexually abused and murdered, allegedly by a football coach that had worked in the district since 1998.
Overall, Springfield Public Schools was given a rating of “Effective” according to the audit report, due to the current policies of subjecting new hires to various types of background checks that “meet and exceed” the state’s requirements.
For more information about what types of background checks should be done in school settings, contact Mind Your Business.
photo credit: Exercise Tradewinds 2009 via photopin cc
Posted in background check, background screening, criminal background check, employment, small business
For more than a year, Washington state has been unable to access federal criminal record checks for individuals who wish to start legal marijuana businesses within the state. Last month, the U.S. Department of Justice finally granted the state access to an FBI database so the state can conduct background checks on those who apply for a license. The Dept. of Justice allowed the state access in order to stand by its requirements that those with “troublesome” criminal histories be kept out of the industry.
By granting access to the database, the state is able to see if potential licensees have criminal histories, and their applications can be approved or denied on a case-by-case basis, depending on parole status and how recent their convictions are. Having a conviction within the past decade immediately disqualifies Washington residents from acquiring licenses to grow or sell marijuana.
Previously, the state had to rely on background checks by the Washington State Patrol, and only included in-state arrest records.
According to the Obama administration, the goal in requiring state licensing is to ensure that revenues from the industry don’t trickle back down into illegal drug trafficking or other forms of organized crime.
The Dept. of Justice allows similar background checks in Colorado, for those who wish to acquire licenses to distribute marijuana legally, but up until the beginning of April, Washington’s requests were met with silence. Last month, in a memo to the Associated Press, the Dept. of Justice stated that it aims “to ensure a consistent national approach” to the way licenses are dealt with in the industry.
According to the memo, “This decision to permit states and localities to perform their own background checks for marijuana licenses is consistent with our previous guidance designed to protect public safety and ensure strict regulation of those businesses.”
Since the state received access to the database, Washington has issued 10 licenses to grow or sell marijuana.
Posted in background screening, criminal background checks, pre-employment background screening
A Chippewa Falls, Wis., mental health care facility was discovered to have a convicted sex offender in its employ, five months after the man had begun working at the facility as an environmental services coordinator. Lake Hallie Memory Care had hired the offender in April 2013 before a criminal background check had returned results. His results did not come back until September 2013, when he was fired due to his previous conviction. Due to negligent hiring practices, as well as other Wisconsin Department of Health Services violations, the facility has been banned from bringing in any new patients until they’ve addressed the issues.
In addition to finding two other employees that had not passed background checks, state inspectors discovered two uniform licensing violations and 26 violations of facility rules as required by the state department, including violating residents’ right to privacy and not properly training employees. Lake Hallie Memory Care was fined more than $30,000 for these violations.
Investing time and money in background checks for potential employees — as well as giving the proper attention and care to current workers — can help prevent incidents like this one from happening to your business. Here are some ways that you can avoid negligent hiring and retention in the future.
Conduct background checks.
This is especially important when you’re hiring candidates who will be working with children and the elderly, or anyone who will be in a caretaker position. A criminal history check can prevent negligent hiring by making sure that caregivers do not have felony records, or multiple arrests for similar charges (even if no conviction was reached).
Make sure you get the results before making hiring decisions.
In many cases, negligent hiring — and subsequent fines and delays — could have been avoided by simply waiting until background checks had been completed before making any hiring decisions. Just because a candidate looks great on paper doesn’t mean they’re above suspicion. Remember, people still do commit resume fraud and will avoid disclosing criminal convictions.
Invest in your employees.
Once you’ve made a hiring decision, have your HR department provide employees with the training necessary to succeed at their jobs. Investing time into your employees’ training and their job requirements may cost you a little in the short run, but can end up saving you big bucks over time. Lack of training can be just as harmful to your business as negligent hiring.
Contact Mind Your Business for more information about caregiver background checks.
photo credit: Rosie O’Beirne via photopin cc
Posted in background screening, criminal background checks, potential babysitter
It makes perfect sense to have a background check run on a potential candidate when you’re looking for a nanny for your children. Pet Sitters International has taken it a step further, ensuring that all of their pet-sitting professionals undergo annual criminal history screenings so clients can ensure their fur-babies are in the best possible hands.
Pet Sitters International is a network of pet-sitters in the United States, Canada and other countries around the world. When you have to leave your four-legged family members for any length of time, you want to ensure their safety just as you would for your own children. The screening process is intended to prevent animal cruelty, neglect, and identity theft, which are very real threats if you resort to negligent hiring practices.
The third-party screening system does an address trace and checks potential sitters’ county court records, which turns up the most accurate employee criminal history information. Each county in the country is required to hold onto records for at least seven years.
After a potential pet sitter has undergone and passed a third-party background screening, an icon will appear in his or her profile on the PSI website to indicate that the check has been passed.
PSI is the first pet-sitting organization to use a background check system to ensure the quality of their sitters. The background check policy will only apply in the U.S., as other countries have their own laws and systems on conducting background screening.
Posted in background screening, pre-employment background checks
A California man has sued a background check company that incorrectly listed him as a sex offender to a prospective employer and landlord, costing him both a job and a place to live during an applicant background check.
The reason for the incorrect information? A man with a similar, but not identical, name had three counts of sexual misconduct on his record, and the company, National Tenant Network, conducted the applicant background check on the wrong person. Of course, this type of error is common among people with similar names, and we’ve posted about the pitfalls before.
How can you ensure that — when you’re conducting an applicant background check — you’re getting the correct information, even among names that are extremely common?
1) Hire a reputable background check company.
Instant online background checks may seem like a sweet deal, but computers are not able to differentiate information between two people with the same names. When you hire a background check service, you may not get your report in five minutes or less, but your chances of getting sued for misinformation decrease dramatically. Make sure the National Association of Professional Background Screeners has certified the company or service you choose. Mind Your Business is certified by NAPBS and the Better Business Bureau, as well as other certifying agencies.
2) Acquire the proper identifying information.
Simply a first and last name may not be enough to conduct a thorough applicant background check; just imagine the nightmare it would be to track down the correct John Smith or Sarah Jones! To receive the best information possible, you should — at minimum — be able to provide a full name, including middle name, maiden name or any suffixes, for any potential candidates. Even better would be a social security number or other identification number, such as driver’s license number; these numbers are often requested on job applications. A date of birth or previous address may be helpful as well, if you are not able to use license or social security numbers. Contact the background screening company you have selected to see what information is most useful to them during an applicant background check.
Want to make sure you’re screening the right person? Get started with Mind Your Business’ professional background screening services, and check out the right and wrong ways to go about screening employees.
Posted in background screening, education checks, false resume information, pre-employment background screening
It can be a huge waste of time and money for employers to hire someone only to have to fire that person months or even years later when it’s discovered that person had lied on a resume or job application about their field of study, level of education or past employment. Recently, Massachusetts police fired a state drug lab analyst who did not have the chemistry degree her resume claimed. The department says that she underwent a pre-employment background screening, but the falsification was not caught. Which begs the question, if a background check doesn’t turn up anything, how can you be sure that the people you hire have the qualifications you require?
That may be the wrong question to ask. Instead, we need to consider what it means when a company or organization says they’re going to run a background check.
1) We’re going to do this all ourselves.
It’s easy to miss errors and intentional falsehoods when busy managers are required to do all the digging on their own. Sometimes, when a business is going to do a background check on a potential employee, they really just mean that they’re going to do a reference check and perhaps check for a criminal history. Resume fraud can be avoided if you have the right tools, which are not always at a manager’s disposal.
2) We’re going to use an instant screening website.
Using an online service to receive an instant report may turn up some information, but it is possible the service will not catch everything. Things such as education and experience may be overlooked because it’s a computer doing the work and not a person. In addition, there are many different types of checks that could have been done through one of these services, such as a credit check or criminal history report, which would not have revealed the education flub.
3) We’re going to hire a background screening service to make sure we’ve got an accurate picture of your past.
If the organization had hired a reputable pre-employment background screening service, it’s likely that the education error would have been caught. An employment verification service takes care not to run just basic checks, but to dig into the contents of a candidate’s history as well. Hiring the right people can make or break your business, and it’s important that applicants are thoroughly screened so you can make the best hiring decisions.
To learn more about Mind Your Business’ pre-employment screening services, send us a message!
Posted in background check, background screening, criminal background check
Both the federal government and state lawmakers have been working to regulate mental health requirements and background screen requirements for those who wish to purchase firearms. These requirements are expected to protect citizens from injuring themselves or others by preventing the mentally ill or those who have been charged or convicted of a crime from acquiring guns.
President Obama introduced two such regulations since the beginning of January. These proposed regulations will refine the verbiage of existing laws that prevent the mentally ill from possessing guns. Additionally, they will remove obstacles that prevent states from offering up full disclosure on those with mental illnesses or a criminal history during a background screen.
For the latter, one such obstacle is the Health Insurance Portability and Accountability Act (HIPAA), which prevents doctors and insurance providers from disclosing citizens’ private medical documents without written consent. However, HIPAA does not prevent states from providing mental health information to the FBI for the purpose of preventing firearm purchases. However, most states have erred on the side of personal privacy in submitting incomplete records, or no records at all, to the FBI. The new language will clarify what HIPAA and the states are allowed to share with federal agencies.
Opponents of these regulations include mental health advocates, who argue that the mental health regulations are so broad that they may serve to stigmatize those who receive involuntary outpatient mental health services, such as therapy or clinical evaluations via outpatient treatment. Those who are involuntarily committed to an inpatient mental health facility or are declared mentally ill by a court are already prohibited from owning firearms.
Meanwhile, 11 states are working to close a loophole that allows people to purchase guns via the Internet or a gun show without undergoing a background screen. As it stands, those with criminal records could purchase firearms without disclosing their history. Missouri Representative Stacey Newman has previously introduced a bill to expand background screen coverage for those who wish to purchase guns, and similar legislation has already passed in other states, preventing weapons from getting into the hands of convicted or charged criminals. States like Colorado and Virginia have already seen an increase in the number of rejected transactions due to increased background checking, preventing deadly weapons from falling into the hands of the mentally ill or convicted.
To learn more about these issues, check out the Educational Fund to Stop Gun Violence’s document on guns, public health and mental illness.
Posted in background screening, pre-employment background screening
You’re thinking about hiring a pre-employment screening company, but you’re asking yourself – as do most business owners or HR professionals who haven’t ventured down this route before – what exactly do pre-employment screening companies do?
First off, let’s highlight the importance of pre-employment screening. There are too many risks, both legally and financially, for business owners to forgo background screening in the hiring process, including lawsuits, employee drug use, employee theft and violence in the workplace.
Almost 30% of businesses that fail could have been saved with effective employment screening. Keep that in mind as you’re considering your hiring programs.
So what do we do?
Most employment screening companies offer similar services, including ourselves, so here’s a quick list of the type of services you can expect:
Criminal Record Checks
Viewing the criminal history of your potential job candidates is vital. This allows you to see what type of criminal background they have, if any. There is, however, a movement spreading right now which means businesses must tread a very thin line here in order to stay within the law. Be careful.
Do you think that verifying credit history is important for the hiring process? Some employers would say yes, while others may say no. And honestly, it depends on the role you are hiring for. This type of discretion is a great example on when professional assistance comes in handy.
Motor Vehicle Report
For jobs that will require their employees to be on the road, an MVR is key. It helps ensure that the people you hire are safe drivers and ensures the safety of others on the road. It also reduces drastically the potential that you, as the employer, will be held liable should an accident occur.
With drugs being so prevalent in this day and age, performing drug screening prior to hiring new employees is of great importance. Keeping your workplace drug free promotes a healthier environment, less absenteeism and higher productivity, and reduces your risk of lawsuits.
Pre-employment screening companies will also offer a variety of other services, including:
- Social Security Number Verification
- Education Verification
- Reference Checks
- License Verification
- And more
If you haven’t turned to the services offered by pre-employment screening companies, then you may be putting the future of your business in jeopardy. Let us help you protect your business; get started by contacting us today!
Posted in background screening, employment checks, Mind Your Business
As has become a tradition on this blog, as we come to the end of another year we’d like to take the opportunity to look back on the last twelve months – both for Mind Your Business, Inc. and for the employment screening industry as a whole.
There have been some significant political and economic issues in 2013 that have affected employment – and the employment screening industry – heavily, in addition to a few key milestones for us a business.
We can’t look back at 2013 without touching on the government shutdown. The failure by Congress to prevent the shutdown meant that hiring took a serious hit in the US during that period, partly due to the fact that employers were unable to make use of the E-Verify system.
Later in the year we then saw new security enhancements implemented to help E-Verify deter employee fraud, and protect employers from hiring risks. This represents a significant step forward nationwide.
The EEOC found itself in the news time and again this year, with nine Attorney Generals taking action against the new strategic enforcement plan (and the lawsuits rendered by the EEOC as a consequence) implemented by the EEOC earlier this year. Whether the EEOC crossed the line with their strict regulations is yet to be decided, with litigation brought by the State of Texas yet to come to a conclusion.
Finally, one of the most significant industry trends we’ve seen in 2013 is the “ban the box” movement spreading across the country. Ten states and over fifty cities and counties across the United States have approved legislation the bans the box on job applications, despite a wave of critics as to how this could put employers at risk. We expect this trend to continue in 2014.
Mind Your Business, Inc.
Most excitingly for us this year, we were accepted as a participant in the U.S. Small Business Administration’s (SBA) 8(a) Business Development Program. This was – and still is – huge news, and we’re so excited to see the progress that will be made over the nine year program.
We also launched a new product – EEO investigations – to commercial clients, having rolled this out successfully to government agencies in 2012.
As usual, MYB team members were in attendance at various tradeshows and industry events throughout the year, pursuing information and relationships that we know will aid progression and positive development for both MYB and our clients.
Last, but certainly not least, we wanted to highlight our work in the community this year. It’s so incredibly important to us, as a business, to give back to the community that has provided our team members so much over the years.
From sponsorship of the Boys and Girls Club of Henderson County, to participation in Relay for Life, to our partnership with the Blue Ridge Humane Society, it’s an honor and a privilege to be a part of the local community in this way.
All in all, despite some concerning and turbulent industry trends, 2013 has been a fantastic year for us here at MYB. We can’t wait to get started in 2014, and look forward to working with current and new customers as the new year rolls in.
Wishing you all the best, and a prosperous 2014!
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