by Joe Hoover
Here's THE BIG QUESTION: "What risks do I face if I
don't screen an applicant?"
These are THE RISKS:
(Note: This is a "worst case" summation of the major costs of NOT doing a
thorough background check.)
- Possibility of being liable; of being sued.
- Negative news coverage and possible loss of reputation of the company.
- Stress of litigation and the investigative process.
- Cost of legal defense, even when not guilty.
- Loss of time, productivity, and income; another training period.
- Loss of equipment and property if by theft.
- Cost of training a new hire.
- Loss of income/profits in general.
- Theft, embezzlement, a shooting, a sexual assault.
MORE SPECIFIC RISKS:
A person with a job in the accounts receivable department, if inclined, has the
advantage to embezzle. An unscrupulous person employed as a cashier might be of
a mind to steal from the till. A job that involves stress and close proximity to
others could result in violence aimed directly at you or your employees. A heavy
equipment operator with a drinking problem or medical issues could cause serious
injuries or death. You could be held libel.
A NOT UNTYPICAL SCENARIO:
. . . He talked the good talk, stated he had experience in allied fields, and
had participated in various related endeavors and projects and enterprises -
expertise and experience you could use in your business. Six months down the
road he's calling in sick and showing up late. That's when you find out about
his drinking problem. And the five DUIs you didn't know about. And it could be
way down the road before you discover any of this . . .
ORDER AN EMPLOYEE SCREENING BACKGROUND CHECK->
THINKING BACK . . .
That $19.95 "Criminal Search" you ran: You're not sure whether he even gave
you his correct date of birth! The "Search" results came back: He was
"clean." Of course he was...
Add to the dilemma six months of poor production and the repercussions of poor
management on the subject's part. Plus, once again, your time is on the line;
you've got to go through the unpleasant interviewing process all over again . .
.
But, now, finally, the bad experience is behind you and you're ready to move on.
It was costly, but you'll survive. Right now you've got to hire somebody else.
All that money you spent on training the first loser, and you've gotta' spend it
all over again . . . .
What it boils down to is: you saved a couple hundred bucks. You could have lost
your company!
WORKPLACE VIOLENCE:
By not conducting a background screening at all, you, as the employer, could be
subject to lawsuits and crippling penalties - plus court awards - if an employee
you didn't check out commits a crime against a fellow employee or a client.
HUMAN RESOURCE DEPARTMENT HEADACHES:
The cost of employee theft and fraud and the cost of recruitment and retention
are some of the things that keep Human Resource professionals up at night.
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LIABILITY ISSUE:
Governing bodies and courts in the United States have created laws regarding
employers' responsibilities. It pays to KNOW who you are hiring before you put
your clients and employees at risk. What if the guy had been driving the company
vehicle and got into an accident; maybe injured or killed somebody. Or hurt
somebody in the warehouse while he was operating a fork-lift.
Was he going into people's homes, representing your company? What if he commits
a crime, like rape? You could be held liable. What if he was a sex offender, a
real risk to you and your employees, and you didn't check?
Theft from employees is always a possibility. It's not just your property
either; he might have stolen your client list!
He could have been a repeat "Workman's' Comp Offender," looking for an easy
mark: You."
EMPLOYER'S RESPONSIBILITIES:
Not all risks can be measured in dollars alone. Consider loss of talent, loss of
morale, loss of reputation. By law, an employer must exercise due diligence in
hiring to ensure that people selected do not pose a threat to others. Poor
hiring decisions can have long-term financial and legal ramifications for
employers and your other employees. A meticulous pre-employment screening can
significantly reduce the risks.
APPLICATIONS:
People lie on their resumes and job applications: Forty percent (40%) of
applicants lie. And, they usually get away with it! Sixteen percent (16%) of
executive "sum" contain false academic claims and/or material omissions relating
to educational achievement. It's called, "resume -fluffing." No wonder there
is a rise in background checks being conducted by employers!
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CONSIDER THIS:
- Criminal conviction rates are on the rise nationally among job applicants.
- Employers lose sixty percent (60%) of negligent hiring/supervision jury
trials.
- Jury award against employers in sexual harassment lawsuits: More than
$250,000.
- Inconsistencies between resume information and background check data continue
to increase.
- One-third of job applicants have one or more violations or convictions on
their driving record.
- The average jury award for negligent hiring against companies, big and small
is $900,000.
- Thirty percent (30%) of all business failures result from theft or
embezzlement,
COST
Detailed background checks that include state-wide and national criminal checks,
employment verification, educational achievement verification - plus several
other standard checks - costs between $100 and $200.
EDUCATION
Neither the government nor we regular citizens have a way to check whether or
not an employee's Alma mater is a "diploma mill" that requires little, if any,
academic work.
Some employers conduct background screenings grudgingly, concerned only about
avoiding liability. Typically, only the bare minimum searches will be ordered -
mainly to protect against claims of negligent hiring. The courts will decide
whether "a reasonable effort" has been applied, should litigation be
instituted.
CRIMINAL FACTS
Most all criminal records are indexed by full name and date of birth. The most
accurate non-federal criminal records searches are accomplished at the county
level.
Professional criminals know the system and the screening processes employers
use. Criminals and con artists will likely provide misleading information on
applications.
One of the first things criminals learn during "lockup" is: "How to NOT leave
a paper trail." Experienced crooks teach, "Use a different middle initial.
Never give out your true identifiers: your date of birth; your social security
number; a recent address."
Most background checks are conducted "pre-employment," however, if your
company has won a contract to do a job for the government, background checks for
all participating personnel may be required, even if these folks have worked for
you for years.
EMPLOYEE BACKGROUND CHECKS SHOULD INCLUDE:
- Name and address history.
- Social Security number (SSN) & date of birth (DOB) verification.
- National, Statewide & County Criminal: Felony and misdemeanor.
- Previous employment verification.
- Education achievement verification.
- Professional licensing verification.
- Driver history record.
- Derogatory Credit Report entries, such as liens, bankruptcies & judgments.
[Order an Employee Background Check NOW]
CHURCHES:
There has been an explosion of litigation - plus a lot of media attention -
relating to misconduct by clergy who violated their position of trust in their
church. The consequences are devastating for the victims involved, their
families, the church and the community. Churches must exercise sound
accountability and good judgment when selecting paid employees AND volunteer
workers. Churches are subject to law suits for liability damages for the actions
of a problem employee AND/OR a volunteer.
TO DO:
Make sure your search includes a criminal search in the applicant's county of
residence, plus the counties where he or she resided, worked, and attended
school.
Analyze your workplace. Consider the harm and costs a bad hire could bring to
your organization. Develop a consistent and comprehensive screening policy.
Let everyone know you conduct systematic background screenings as a matter of
course: It's "Standard Operating Procedure." Put it on your Web site. Put it
in your classified ads. Encourage applicants to be open about past
indiscretions, because frank discussions assure better hiring decisions.
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Article provided by:
Investigative Professionals LLC 2012, Information Providers
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