Background Screening Webinar 1.0

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28-slide educational PowerPoint for MHCA members on background screening for their businesses hiring procedures and risk management.

28-slide educational PowerPoint for MHCA members on background screening for their businesses hiring procedures and risk management.

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  • 1. Essential Risk Management Pre-Employment Background Screening
    September 28, 2010
    11:30 am – 12:30 pm
    Presented by John Schwietz
  • 2. John Schwietz
    The McDowell Agency, Inc.
    Background Screening & Investigations
    651.644.3880
    JMS@McDowellAgency.com
    www.mcdowellagency.com
    Membership Director: Saint Paul Jaycees
    Ambassador Committee: Midway Chamber of Commerce
    Graduated: University of Saint Thomas
    B.A. Business Law & Finance
    Connect with John on LinkedIn
    Follow The McDowell Agency, Inc. on Twitter
    About your speaker
  • 3. But First…
    THANK YOU!
    Congratulations!
  • 4. What Will You Learn Today?
    • What is a background check?
    • 5. Who uses background checks and why
    • 6. What should a background check include?
    • 7. How adequate is the Minnesota BCA search?
    • 8. What other info is available through background checks?
    • 9. Dangers and potential liability flimsy background checks
    • 10. What is the process for ordering a background check?
    • 11. Links to supplemental reading & home care headlines
    • 12. Q&A
  • What is a Background Check?
    A public record of how a person has lived their life
    A.K.A.: Background Study, Background Investigation, Consumer credit report, Background Screening, Etc…
  • 13. Who Uses Background Checks?
    Organizations employing individuals who will work with vulnerable populations.
    Home Health Care Agencies
    Schools
    Nursing Facilities
    Daycare companies
    Youth Sports Organizations
    Volunteer organizations
    • Minnesota HomeCare Association Agencies
  • Why Conduct Background Checks?
    To keep customers & employees out of harm’s way
    1 of 6 crimes occur in the workplace –New York Times
    Homicide is 2nd leading cause of workplace death in US - NY Times
    To protect from negligent hiring lawsuits
    Employers lose 72% of all negligent hiring suits - American Databank
    To have peace of mind
    45% of all resumes contain a major fabrication - Society for HR MGMT
    30% of small business failures are a result of employee theft -- U.S. Dept of Commerce
  • 14. Why Conduct Background Checks?
    To save money
    Reduce the cost of hiring & minimize employee turnover
    Annual rates ranging between 25 percent to 100 percent - US Bureau of Labor
    Cost of losing an employee is about 38% of the departing employee's annual wage. -Society of Human Resource MGMT
    Total Employee Turnover Cost Calculator
    Turnover cost = Cost to Hire Employee + Cost of Train Employee
  • 15. Why Conduct Background Checks?
    Thousands of cases teach us not to take applicants at face value
    SEX OFFENDERS
  • 16. How Many Lures Does Your Company Have?
    Top 5 Lures to Attract Predators
  • 17. You Can Make a Difference
    When compiling a public record of how a person has lived their life you should include:
    Searching multiple sources of information
    Record search done at the County Level
  • 18. Dangers & potential liability of not having a comprehensive background check program
    due diligence noun
    Definition of DUE DILIGENCE
    1: the care that a reasonable person exercises under the circumstances to avoid harm to other persons or their property
    - www.merriam-webster.com
    To protect from litigation, employers must demonstrate due diligence in the hiring process; showing reasonable care was taken to avoid possible negligent hiring
    Avg. workplace violence lawsuit exceeds $1,000,000 - Wall Street Journal
  • 19. What a Background Check Looks Like
    SSN/
    Address Trace
    County Criminal Record Search
    Statewide Database Search
    Nationwide Sex Offender Search
    Nationwide Criminal Database Search
  • 20. Why All the Searches?
    There is no singular all-encompassing source of criminal records
    One research firm ran 500 convicts through one of the most aggressive criminal records database companies. 87% returned by database “no records found” or incomplete. - The Background Investigator
    Un-
    successful
    Successful
  • 21. Online Databases
    G
    Only as good as what gets reported to them
  • 22. Is the Minnesota BCA Search Enough?
    1. Does not contain records outside of Minnesota
    2. Not all records from Minnesota are included
    No
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  • 23. BCA Limitations
    MASA Study:
    In reviewing the reports of the schools we serve, we found that more than 35 percent of the criminal records we uncovered would have been missed had the schools only consulted the Minnesota BCA database. – The McDowell Agency, Inc.
    Some examples include:
    • Criminal Sexual Misconduct
    • 24. Kidnapping
    Aggravated Robbery – Armed with dangerous weapon
    Domestic Assault
    Terroristic Threats
  • 25. Q: What does it mean to receive a no record response on a public criminal history inquiry?
    Other
    possibilities include the following:
    One possibility is that the subject does not have a criminal history record.
    The Computerized Criminal History
    system searches only for an exact match of the information the entered. A "no record" response could mean a number of things.
    - MN BCA
    Subject's records not public data
    Subject's name entered incorrectly
    A nickname was entered, rather than the name associated with the record
    Criminal data about the subject was not reported to the BCA
    Subject's record is under a former name, such as a maiden name
    BCA Limitations
  • 26. BCA Limitations
    Real Records from the
    county of Freeborn, MN
    The Results from The
    MN BCA Search
    You would if this is all you knew
    FREEBORN, MN
    ------------
    Search Type: Felony and Misdemeanor, Unlimited
    COURT: Applicable Jurisdiction
    CASE NUMBER: 24CR083057 GROSS MISDEMEANOR
    DATE OF OFFENSE: 01/01/08
    CHARGE(S):
    CT1) Assault-5th Degree-by Caregiver-Vunerable Adult
    CT2) Assault-5th Degree-by Caregiver-Vunerable Adult
    CT3) Assault-5th Degree-by Caregiver-Vunerable Adult
    CT4) Criminal Abuse-by Caregiver-Vulnerable Adult
    CT5) Criminal Abuse-by Caregiver-Vulnerable Adult
    CT6) Criminal Abuse-by Caregiver-Vulnerable Adult
    CT7) Crim Abuse-Sexual-Caregiver/Staff-Vulnerable
    Adult-Sexual Contact/Penetration
    CT8) Crim Abuse-Sexual-Caregiver/Staff-Vulnerable
    Adult-Sexual Contact/Penetration
    CT9) Crim Abuse-Sexual-Caregiver/Staff-Vulnerable
    Adult-Sexual Contact/Penetration
    CT10) Disorderly Conduct-Caregiver-Against Vulnerable Adult
    CT11) Disorderly Conduct-Caregiver-Against Vulnerable Adult
    CT12) Disorderly Conduct-Caregiver-Against Vulnerable Adult
    CT13) Disorderly Conduct-Caregiver-Against Vulnerable Adult
    CT14) Disorderly Conduct-Caregiver-Against Vulnerable Adult
    CT15) Fail to Report-Maltreat-Vulnerable Adult-Intentional
    STATEWIDE, MN
    -------------
    Search Type: Felony and Misdemeanor, Unlimited
    Court Searched: Applicable Jurisdiction
    No Records Found
    What if you didn’t do a background check at all?
    Would you hire a caregiver with these records?
  • 27. County Record Search
    How do I know which counties to search?
    Derived from applicant's admission of current and former employment and residence addresses within past seven to 10 years
    Additional locations discovered through a Social Security Number/Address Trace
  • 28. Criminal Records
    County Criminal Record Search
    Statewide and National Database Records
    National Sex Offender Database
    Professional/Education Records
    Education Verification
    Professional License Verification
    Employment Verification
    Office of Inspector General Search
    Social Security Number Verification & Address Trace
    Credit History
    Driving Records
    What other information is Available?
  • 29.
    • Choose a company you trust
    • 30. Should be Licensed Private Investigation firm
    Sign Up
    What is the process for ordering a background check?
    • Have applicants complete simple release forms
    • 31. Email, fax or submit applicant info online to background screening company
    Send In
    • You should receive results in under two business days
    • 32. Via email, fax, or online web-portal
    Receive
  • 33. No
    Is this a background check?
    No
    No
  • 34. Social Media Warning!
    Pre-screening candidates using social media is not recommended
    Makes available information that if discovered by prospective employers prior to hire may infringe on Title VII of the Civil Rights Act of 1964
    e.g. race, color, religion, sex, or national origin
    8-things-employers-arent-allowed-to-ask visit: http://yhoo.it/9RX5Ex
  • 35. Supplemental Reading & Headlines
    Limitations of MN BCA: Are You At Risk?
    MHCA Executive Director Neil Johnson
    Background Screening Frequently Asked Questions, Answered!
    IN THE NEWS
    Caregiver charged with stealing MS patient's jewelry, medication  
    State accuses home health aide of stealing ATM cards and $5,300
    6 aides abused multiple victims with dementia highlighted plight of vulnerable adults
    School district fires janitor suspected of having child porn: District prepares for court battle
  • 36. Q&A
    Don’t you just wish applicants came with name tags
    like this one?
  • 37. John Schwietz
    The McDowell Agency, Inc.
    Background Screening & Investigations
    651.644.3880
    JMS@McDowellAgency.com
    www.mcdowellagency.com
    Membership Director: Saint Paul Jaycees
    Ambassador Committee: Midway Chamber of Commerce
    Graduated: University of Saint Thomas
    B.A. Business Law & Finance
    Connect with John on LinkedIn
    Follow The McDowell Agency, Inc. on Twitter
    About your speaker
  • 38. Thank You Kindly