Austin Marketing Syndicate Ensuring a Positive Background Check March 3, 2011 Lynn M. Campbell
Ensuring a Positive Background CheckYou are in the queue!!! Now what? Background check information Resume’s truthfulness Dealing with the gaps Does your information align in all your documents and profiles?
Ensuring a Positive Background Check Background Checks Why does an Employer Conduct a Background Check? What Is Included in a Background Check? What Cannot be in a Background Check Report? Who Conducts Background Checks? Fair Credit Reporting Act and Background Checks FCRA Update: Workplace Investigations and Annual File Disclosures Background Checks and Your Credit Report Investigative Consumer Reports - What Will Your Neighbors Say? How to Prepare for a Background Check Resources
Ensuring a Positive Background Check Why does an Employer Conduct a Background Check? Negligent hiring Current Events False or inflated information Federal and state laws The “information age”
Ensuring a Positive Background Check What is Included in the Background Check? 44% of employers check social networking sites Range from Social Security verification to personal acquaintancesDriving Records Vehicle Credit Records Drug test records RegistrationCriminal Records Social Security no. Education records Past employersCourt records Workers Bankruptcy Personal references compensationCharacter Neighbor interviews Medical Records IncarcerationsReferences recordsProperty ownership Military records State licensing Sex offender lists Records
Ensuring a Positive Background Check What Cannot be in a Background Check Report? Fair Credit Reporting Act (FCRA) sets national standards that guides consumer reporting agencies but not background checks done inhouse Some states have stronger laws that guide this, such as California FCRA limits: Bankruptcies after 10 years Civil suits, civil judgments, records of arrests from date of entry after seven years Paid tax liens after seven years Accounts placed for collection after seven years Any other negative information (except criminal convictions) after seven years None of the above applies for jobs over $75,000 annual
Ensuring a Positive Background Check What Cannot be in a Background Check Report? Additional laws regarding Arrest information Criminal Records Workers compensation Bankruptcies Questions on an application It can be asked but if over 7 years it can’t be “reported” Personal Confidential Records Education Records Military service records Medical records
Ensuring a Positive Background Check What Cannot be in a Background Check Report? What can former employers say about me? Truthful information about performance can be shared Most employers to only confirm Dates of employment Final salary Other limited employment information
Ensuring a Positive Background Check Who Conducts Background Checks? Specialized agencies Private investigators Employment Screeners Data Brokers Small companies “in-house” Caution if companies are small and use internet advertised services as they are often out of compliance with laws
Ensuring a Positive Background Check FCRA and Background Checks Your right to know if an outside agency is used You give consent and in many cases can obtain California law requires a copy be available Adverse information notification Before and After Shortcomings Not applicable if company does not use a 3rd party agency Employer may not disclose and adverse find and say it was due to strong applicant pool Ex: unemployed for several years due to bad info on report due to identity theft
Ensuring a Positive Background Check FCRA Update: Workplace Investigations and Annual File Disclosers Employee misconduct investigations If employer suspects you of misconduct relating to current employment Violation of laws Violation of preexisting written policies Noncompliance with self-regulatory organizations, ex:SEC Employer does not have to give you notice Report available to persons or agency related to violation Cannot dispute the findings –seek advice from employment law attorney Annual File Disclosure report as of 2004
Ensuring a Positive Background Check Background Checks and Your Credit Report Credit report check to validate responsibility Loss of job created poor credit, now can’t get a job due to poor rating…NOT FAIR! Some states are addressing this and saying check has to be job related Can continue to check after you are hired…see previous slide You don’t use credit, it can affect your getting a job Employer wants to see ability to pay on time
Ensuring a Positive Background Check Investigative Consumer Reports: What Will your Neighbors say? Employers can check with your neighbors and friends Investigative consumer report FCRA has a separate disclosure You are entitled to know “nature and scope”, but you have to ask for it
Ensuring a Positive Background Check How to prepare for a Background Check Order a copy of your credit report Identity Theft Services Check court records Check DMV records Do your own background check Ask to see a copy of your personnel file from your old job Read the fine print carefully on any job applications Tell neighbors and work colleagues Clean up your “digital dirt” Request previous background check reports
Ensuring a Positive Background Check Resources Website used today: http://www.privacyrights.org/fs/fs16-bck.htm #9 good FAQ Laws on Background Checks Laws on Workplace Discrimination Contacting Government Agencies FTC Publications Articles of Interest Info to learn about access to attorneys and identify theft programs www.prepaidlegal.com/info/lmcsolutions www.lmc-solution.com (use the link)
Ensuring a PositiveBackground Check Q&A Thank you
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