Bringing Background to the Foreground

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2011 hr florida_conference_presentation 08192011

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  • HR Florida Website: Description: Explore Background investigations through case studies of some of the most publicized events in current history. What do Michael Vick, Jim Thorpe, Rex Ryan, Mike Haywood, Tiger Woods, President Clinton, Tim Donaghy, Seung-Hui Cho, Jared Loughner and others, have to do with background investigations and vetting employees? What are the organizational affects and Human Resource consequences of bad hires? How can you mitigate risk? Attend this insightful, informational and educational session to find out. ROIs Understand the various HR implications of Background Investigations. Relate background investigations to real life situations. Use Background Investigations to effectively mitigate risk for your organization. Bio For the HRCI credit certification write up I have included the following items for justification based on a previous background investigation program.  It appears your presentation will most likely cover most of these bulleted items, but I just wanted to be sure they could be incorporated into the presentation.    How to structure and what to look for in your pre-employment screening process Implementing policies regarding background investigations and recruitment What types of background investigations should human resource professionals be conducting and how is it determined? Federal Credit Reporting Act (FCRA) Compliance: How to properly and effectively be compliant with local, state and federal laws and not be discriminatory. Metrics of improper recruitment and selection Handouts: SF-85 CI Times 23-A Vick Presentation Handouts Hand Sanitizer Cyber Investigation
  • The Supreme Court on Wednesday, January 19, 2011, upheld the personal background checks now required of scientists and thousands of others who work under government contracts, ruling that questions about drug use and other personal matters do not violate their privacy rights under the constitution. 28 veteran scientists US 9 th Circuit Court of Appeals declared them victorious in their claim that the prying questions violated their privacy rights. Employee Questionnaire - Drug use / treatment Reference Questionnaire – any reason to questions “honest and trustworthiness” Unanimously reversed by the high court which said that background checks, long the standard for federal civilian employees, were reasonable for government contract workers as well. Justice Samuel A Alito Jr agreed it would raise true privacy concerns if the government were to pry into the private lives of ordinary citizens. But the government has “wide latitude” he said “in its dealings with employees.” Justices Antonin Scalia and Clarence Thomas said they would have gone further and rejected the idea that the Constitution protects a right to privacy. Scalia called it “farcical” to suggest the Constitution “bars the government from ensuring that the Hubble Telescope is not used by recovering drug addicts.” BI HISTORY - President Washington “set a high standard” for federal office and finalized appointments only after “investigating capabilities and reputations”. Since 1871, the President has enjoyed statutory authority to “ascertain the fitness of applicants” for the civil service “as to age , health , character, knowledge and ability for the employment sought.” 2/8/2011
  • (1) The Government has an interest in conducting basic background checks in order to ensure the security of its facilities and to employ a competent, reliable workforce to carry out the people’s business. The drug treatment inquiry is also a reasonable, employment related inquiry. The Government recognizing that illegal drug use is both a criminal and medical issue, seeks to separate out those drug users who are taking steps to address and overcome their problems. Thus, it uses responses to the drug treatment question as a mitigating factor in its contractor credentialing decisions. The Court rejects the argument that the Government has a constitutional burden to demonstrate that its employment background questions are “necessary” or the least restrictive means of furthering its interests. Note: the form indicates that a “truthful response” cannot be used as evidence against the employee in a criminal proceeding. Open ended questions are reasonably aimed at identifying capable employees who will faithfully conduct the Government’s business. Asking an applicant’s designated references broad questions about job suitability is an appropriate tool for separating strong candidates from weak ones. The reasonableness of such questions is illustrated by their pervasiveness in the public and private sectors. 2/8/2011
  • Johnny Walker Black 2/8/2011
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  • (1) While the Court’s decision addresses only government background investigations, it underscores the legitimacy of background checks conducted by all employers seeking to ensure that their offices are staffed “by reliable, law-abiding persons who will efficiently and effectively discharge their duties.” Moreover, the decision suggests that even if prospective (or current) employees have a reasonable expectation of privacy with respect to their personal information, employers can avoid liability for privacy-related claims where there is a legitimate justification for an investigation and the investigation is conducted in a reasonable manner, which includes having safeguards in place to protect against disclosure of the results to the public. HINDSIGHT: Doing BI on Robert M Nelson for high level scientist position where he’ll have access to a plethora of confidential, proprietary and valuable information. What inquiries do we run? Cyber Investigation Origin Criminal – County, Statewide, Federal Motor Vehicle Civil – County and Federal Education Employment References Credit Report Don’t forget the signed Consent Form . Based on his track record he might challenge that too. So, let’s make sure it has a disclosure and authorizations section. And, don’t forget about the NY notice in regards to article 23-A. Also, the fact they can get a copy of their report via written request as prescribed NY law should be stated. 2/8/2011
  • (2) Court of appeals vacated lower courts ruling due to parties entering into a settlement agreement. In lower court: Wife of Robert Bohne sued Enviroclean of wrongful death claiming that the negligence of an Enviroclean employee’s grossly negligent operation of a semi-tractor trailer caused the accident on I-635 on August 12, 2004 in which Robert suffered injuries which eventually led to his death 162 days later. Plaintiff alleged that Enviroclean did not perform background checks before hiring the driver as a hazardous materials truck driver and did not perform random drug tests. She further claimed that had the company acted responsibly, it would have found a 12-year history of crack cocaine use and he had, on several occasions, been admitted to drug rehabilitation facilities. The driver had also been convicted of possession of marijuana in a vehicle and had his driver’s license suspended multiple times. Outcome of lower court: Plaintiff's verdict for $9.8 million in compensatory damages and $11 million in punitive damages. 2/8/2011
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  • HINDSIGHT: Doing BI on a Hazardous Materials Semi Truck driver? What inquiries do we run? Drug Test Motor Vehicle Origin Criminal – County, Statewide, Federal 2/8/2011
  • Upon Vick’s guilty plea, Arthur Blank, owner of the Atlanta Falcons stated: “Today, Michael Vick admitted his guilt to very serious charges related to his earlier indictment. His admissions describe actions that are incomprehensible and unacceptable for a member of the National Football League and the Atlanta Falcons.” Blank has contemplated how Vick’s behavior could have gone unnoticed and will likely consider more in-depth background checks before drafting players or signing free-agents. NFL star Michael Vick was convicted of conspiracy and running a dog fighting ring in August 2007.  Vick financed a gruesome operation and played a major role in the deaths and torture of countless dogs.  Vick executed animals through drowning, hanging, and even electrocution resulting in a 23 month federal prison sentence for the star; Vick served 18 months.   In addition NFL Commissioner, Roger Goodell, suspended Michael Vick indefinitely from pro football.  Commissioner Goodell lifted Vick's suspension on July 27, 2009 but there were certain guidelines that needed to be followed.  Assuming these guidelines were abided by, Vick would be eligible to participate in team actives and preseason games.  The Commissioner decided to use his discretion and evaluate Michael Vick's behavior and progress and consider full reinstatement for Vick at Week 6 of the NFL season at the very latest.  Vick would go on to sign a one year deal with an option for a second year with the Philadelphia Eagles in August 2009 and the commissioner subsequently made the decision to fully reinstate Michael Vick during Week 3.  The Commissioner wrote a letter to Vick, accepting Vick's willingness to turn his life around  and to be a positive role model for others.  The Commissioner would go on to say, “I am prepared to offer you this opportunity.  Whether you succeed is entirely in your hands.”   Vick was once the highest paid player in the NFL with a $130 million contract yet while incarcerated Vick's lawyers filed for bankruptcy protection.  When he was released from prison he was reduced to working in a construction job making $10 an hour; quite a deviation from his comparable $65,000 hourly salary. Michael Vick's contract with the Eagles is now worth $1.6 million. Despite the many thoughts and beliefs held surrounding Michael Vick, he has made significant effort in changing himself and his image all the while bringing attention to the serious issue of dog fighting.  Vick has worked with the Humane Society of the United States to steer inner city youths away from dog fighting and has also been active in numerous other charitable events.     2/8/2011
  • NFL Commissioner – similar to DOH and DOMH with fingerprinting results on the workers in those fields. There are many things we can learn for Michael Vick's situation.  Firstly, he is lucky to have obtained a high paying position as many employers are reluctant to hire a convicted felon for a high profile position.  Many hiring managers need to take into consideration whether they want an employee who has been convicted of a crime in the workplace.  Has the applicant had sufficient time to get their life back on track and reform their behaviors?  Does the person show remorse for their crime and does the applicant understand why they were wrong?  Does the applicant have a track record indicating that the deviant behavior is likely to reoccur?  Will hiring this applicant make the business vulnerable to negligent hiring lawsuits?  All of these questions and more must be taken into account when considering an applicant who has disclosed a prior criminal conviction.  However, society has a vested interest in ensuring that individuals with past criminal records are able to find and maintain employment.  It's extremely difficult for an ex-offender to matriculate him/herself back into society and resume any sort of normalcy.  In fact, statistics show that 2/3 of offenders released from prison every year will be back in prison in less than three years.  Why does this happen?  Oft times these offenders cannot find or maintain employment and resort to illegitimate means of finding an income.  Offenders who disclose a previous conviction on a job application cut their chances of getting called back for an interview by fifty percent.    Michael Vick was afforded opportunities that convicted felons don't have.  He has a network of people who are willing to help and an income that is most certainly envied by a majority of Americans.  Michael Vick also has a platform to make a difference.  Due to his fame as an NFL quarterback he has the opportunity to reach out and  make an impact on the lives of others.  He was recently awarded the Ed Block award for courage although many doubt that it was deserved.  What Vick has done in his past cannot be forgotten and many may never forgive him for his actions; however, he will continue to serve as an example that a previous criminal conviction is not a permanent indicator of character.  2/8/2011
  • HINDSIGHT: Doing BI on Michael Vick for a $10 per hour construction job. What inquiries do we run? Origin Criminal – County, Statewide, Federal Drug Test Review Article 23-A New York limits the circumstances under which an employer can deny employment based on an individual’s prior criminal history.  An employer may not refuse to hire (or fire) an individual because of a criminal conviction, unless the employer can demonstrate either:   (1) a direct relationship between the criminal offense and the employment sought; or (2) that granting the employment sought would create an unreasonable risk to the property or safety of others. For these analyses, New York law provides various factors, which are found in Article 23-A of the N.Y. Correction Law (“Article 23-A”).   These factors for consideration include the following: the public policy to encourage employment of individuals with prior convictions; the specific duties and responsibilities of the position; the bearing of the criminal offense on the applicant’s fitness or ability to perform the duties and responsibilities of the position; the time since the crime was committed; the applicant’s age at the time the crime was committed; any information the applicant has produced regarding rehabilitation; and the legitimate interest of the employer in protecting property and the safety and health of individuals or the general public. An employer may be liable for unlawful discrimination if the employer refuses to employ an individual without demonstrating a direct relationship between the offense and the employment sought or an unreasonable risk to property or safety based on these factors. 2/8/2011
  • January 22, 2010 sentenced to one year in prison for the crime. The PGA Tour said in a statement: “ We were notified today that Jim Thorpe has been sentenced to a one-year prison term relating to two counts of failing to pay income taxes. While it is unfortunate and regrettable that this is the final resolution, Jim has taken responsibility for his actions and has expressed his remorse.” 2/8/2011
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  • HINDSIGHT: Doing BI on Jim Thorpe as future endorser of your services – tax form preparation. What inquiries do we run? What is relevant? Does his past help or hinder? 2/8/2011
  • Nothing illegal or unethical – involves his wife – personal matter. Darrelle Revis, a Jets player, said, “Foot fetish? Whatever. I mean, that’s his wife. At the end of the day, that’s his wife and he can do whatever he wants with his wife. It’s not like he’s out committing adultery or anything negative.” 2/8/2011
  • (2) Depends on the position sought. 2/8/2011
  • HINDSIGHT: Doing BI on TV announcer What inquiries do we run? 2/8/2011
  • (2) Pre – Incident: Pittsburgh athletic director Steve Pederson praised Haywood’s character when he was hired calling his values “in line with the values of this great university.” “ His history at outstanding programs with outstanding coaches gave him a rare combination of experiences and background.” “ Most importantly, Michael is a man of character and integrity and will be an inspirational leader for our football team.” Post – Incident: Chancellor Mark A Nordenberg said in a statement that coaches “are expected to maintain high standards of personal conduct and to avoid situations that might reflect negatively on the university.” 2/8/2011
  • (1) Implications (2) “ To be clear, the university’s decision is not tied to any expectation with respect to the terms on which the legal proceeding now pending in Indiana might ultimately be concluded,” Chancellor Nordenberg stated when announcing Haywood had been dismissed, “effective immediately.” “Instead, it reflects a strong belief that moving forward with Mr. Haywood as our head coach is not possible under the existing circumstances.” (3) Quandaries (4) Protect victims – why not redact names? (5) Continuous Screening Random Screening Story – Feds arrest on client property – 2 hours later CI knew alleged crime. 2/8/2011
  • HINDSIGHT: Doing BI on for athletic department position at a University. What inquiries do we run? Find pending pre-hire criminal information. Now what? 2/8/2011
  • He was projected to surpass $1 billion in career earnings by 2010, 90% of which will come from endorsements. Morals clause in his contract? How “moral” may be legally defined in his various contracts? Article states: “Regrettably Tiger’s scandal is all-too-familiar. He has joined the ranks of former President Clinton, Governor Mark Sanford, former Senator John Edwards, former Governor Elliot Spitzer, and talk show host David Letterman.” 2/8/2011
  • (2) Discuss BI Adjudication Parameters 2/8/2011
  • HINDSIGHT: Doing BI on for a marriage counselor position. What inquiries do we run? Of course, Origin and Criminal – Baseline Must Do 2/8/2011
  • (2) Impeached by the House of Representative on charges of perjury and obstruction of justice on December 19, 1998, but acquitted by the Senate on February 12, 1999. Charges arose from the Monica Lewinsky scandal and the Paula Jones lawsuit. 2/8/2011
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  • HINDSIGHT: Doing BI on President Clinton to work in your law firm. What inquiries do we run? None – we know everything already??? Huhhhh? Selective BI Oh well, I know his parents . . . He is the nephew of my ½ cousin’s wife once removed . . . 2/8/2011
  • (1) Pled guilty to betting on NBA games, including games he officiated – affecting the point spread Pled guilty to providing confidential information to others who bet on NBA games Two felonies: conspiracy to commit wire fraud and conspiracy to transmit wagering information NBA Commissioner David Stern said in a statement, “We would like to assure our fans that no amount of effort, time or personnel is being spared to assist in this investigation, to bring to justice an individual who has betrayed the most sacred trust in professional sports, and to take the necessary steps to protect against this ever happening again.” He called the scandal a “wake up call that says you can’t be complacent.” As a result of the betting scandal, Stern revised the guidelines on the behavior of NBA referees during the Board of Governors’ Meeting in 2007, in addition to a slew of changes, more thorough background checks were carried out. Background ( Employee Bios ): According to the National Basketball Referee’s Association, Donaghy participated and earned All-Catholic and All-Delaware County honors in baseball and All-Delaware County honors in basketball during high school, but then – Villanova baseball coach George Bennett contends that Donaghy did not play on the varsity team and no records indicate that he was selected to the All-Catholic team in baseball or named to the All-Delaware County basketball team. He has a gambling problem. 2/8/2011
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  • HINDSIGHT: Doing BI an executive level Tim Donaghy. What inquiries do we run? Validate all resume and applicants related details. From Origin to Cyber Investigations and everything in between. 2/8/2011
  • Previously been diagnosed with a severe anxiety disorder. Accused of stalking two female students. Virginia special justice declared Cho mentally ill and ordered him to attend treatment – these people aren’t criminals. The massacre prompted the state of Virginia to close legal loopholes that had previously allowed Cho, an individual adjudicated as mentally unsound, to purchase handguns without detection by the National Instant Criminal Background Check System, (NICS). 2/8/2011
  • Are the medical records and court papers confidential?  May they be released to other hospitals and doctors even when the patient does not authorize this?     The judge orders that copies of the patient's relevant medical records can be released to the facility or program in which he is placed upon request of the treating physician or director of the facility or program. Otherwise, the court keeps the medical records, reports, and court documents pertaining to the hearing confidential if requested by the patient or his counsel, with access provided only upon court order for good cause shown. These records, reports, and documents are not subject to the Virginia Freedom of Information Act. 2/8/2011
  • HINDSIGHT: Doing BI on What inquiries do we run? Not a guarantee – prudent person – due diligence – do what you can to prevent as much as you can. 2/8/2011
  • The college told Loughner that if he wanted to come back to school, he needed to resolve his Code of Conduct violations and obtain a mental health clearance indicating, in the opinion of a mental health professional, that his presence did not constitute a danger to himself or others. According to court records Loughner had two previous offenses. In October 2007 he was cited for possession of drug paraphernalia which was dismissed after he completed a diversion program. A year later he was charged after defacing a street sign. That charge was also dismissed following completion of a diversion program in March 2009. The US Army confirmed that Loughner has been rejected as “unqualified” from the service in 2008. 2/8/2011
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  • HINDSIGHT: Doing BI on What inquiries do we run? Online Conspiracy Theory “ Above Top Secret” 2/8/2011
  • Reginald Beane Before I respond directly to the subject of Michael Vick, a couple of other thoughts. First,  each year it gets more difficult to define what type of conduct that is so outrageous as to warrant a societal sanction of some sort. A few years back, President Clinton was impeached by  the House of Representatives for his private indiscretions with Monica Lewinsky and barely survived a similar fate from the U.S. Senate. Today if the same thing happened, I doubt there would be the same outrage.   Also, some conduct is considered  so personal that even if it were deemed immoral by community standards it would not cause enough stir to result in a public outcry for a job dismissal. An example is coach Rex Ryan of the Jets and the foot fetish scandal. The fans thought it  was funny (and continued to flock to the games) allowing the Jets ownership  to come out with a vote of support for him. Basically, it comes down to "just win baby" .   However, some  conduct, that while personal, is also immoral  and criminal. For example, Mike Haywood, the newly hired University of Pittsburgh football coach, is currently in jail for choking his girl friend and who is also the mother of their 2 year old child. His actions will not only alienate potential fans but will hurt the image of the University of Pittsburgh. A football coach is seen by the parents of a recruit as in" loco parentis". This will definitely hurt recruiting. No football players means no BCS bid  and a great reduction  in revenue. Football is the financial engine for underwriting the cost of other  sport programs at most colleges and universities.   One wonders how much pre-employment investigation vetting went on with respect to coach Ryan or coach Haywood. I'll bet both employers had wished there had been more!   I bring  up the above incidents as examples of an ever changing world where little is kept private either by the press or even by the actors themselves. As I understand it, it was coach Ryan himself who uploaded the incrementing pictures involving his wife.   There is also a need to factor in the ever changing societal mores, along with the constantly expanding ways to share information when trying to figure out what this will ultimately mean to Michael Vick.   After the Tiger Woods scandal, I heard an interview with Donny Deutsch that I think is equally applicable to Michael Vick.  Mr Deutsch is the CEO of a prominent  advertising and media based company called Deutsch, Inc. It is located in New York City.   He said that if he represented Mr Woods, he would only pitch companies who were looking for a spokesman who projected winning. He cited Nike and BMW as  prime examples. He said he would stay away from potential sponsors who were seeking someone who projected values. I would gather he would stay from service companies like life insurance companies. In fact, I believe that Gillette has recently dropped Tiger as a spokesman.   I want to stress two things. First, in this 24/7 society everything is known or knowable. Second, the best way to handle this fact of life is to have the most current and accurate information possible about any future employee. Most surprises in the business world are not good and can cost a company money.    What will happen to Michael Vick?   It depends on whom you ask. To the fan, it is yesterday's news. To a future employer, it depends on what they are trying to sell. To society, Michael Vick is prologue. 2/8/2011
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  • Bringing Background to the Foreground

    1. 1. BRINGINGBACKGROUND TO THE FOREGROUND PRESENTED BY: MICHELLE PYAN MBA LICENSED PRIVATE INVESTIGATOR PRESIDENT COMMERCIAL INVESTIGATIONS LLC AUGUST 29, 2011
    2. 2. BRINGING BACKGROUND TO THE FOREGROUND CASE STUDY: ROBERT M NELSON • Scientist • NASA v Nelson – January 19 2011 – US Supreme CourtPlease Text Questions and Comments to 518-470-6813.
    3. 3. BRINGING BACKGROUND TO THE FOREGROUND CASE STUDY: ROBERT M NELSON• Implications • Quandaries – Confirms use of open – Do you implement ended questions in Questionnaires for background prospective employees? investigations – Do you inquire about – Questions about drug illegal drug treatment? treatment are – How do you handle constitutional background investigations – Questions to third parties on contract employees? are constitutional because they are appropriate and pervasive Please Text Questions and Comments to 518-470-6813.
    4. 4. BRINGING BACKGROUND TO THE FOREGROUND CASE STUDY: ROBERT M NELSONPlease Text Questions and Comments to 518-470-6813.
    5. 5. BRINGING BACKGROUND TO THE FOREGROUND CASE STUDY: ROBERT M NELSONPlease Text Questions and Comments to 518-470-6813.
    6. 6. BRINGING BACKGROUND TO THE FOREGROUND CASE STUDY: ROBERT M NELSON• Hindsight is 20 / 20 – Cyber Investigation – Origin – Criminal – County, Statewide, Federal – Motor Vehicle – Civil – County and Federal – Education – Employment – References – Credit Report Please Text Questions and Comments to 518-470-6813.
    7. 7. BRINGING BACKGROUND TO THE FOREGROUND CASE STUDY: ROBERT E BOHNE • Deceased • Enviroclean v Bohne – October 26 2007 – Court of Appeals Fifth District of Texas at DallasPlease Text Questions and Comments to 518-470-6813.
    8. 8. BRINGING BACKGROUND TO THE FOREGROUND CASE STUDY: ROBERT E BOHNE• Implications • Quandaries – Background – Would random drug Investigations are a testing protect your necessary component business from such of being in business liability? – Drug testing is allowed – Should you implement for any business and a a questionnaire asking necessary component about drug treatment? in most industries – Do you have adequate insurance coverage to recover from such a case? Please Text Questions and Comments to 518-470-6813.
    9. 9. BRINGING BACKGROUND TO THE FOREGROUND CASE STUDY: ROBERT E BOHNE• Hindsight is 20 / 20 – Drug Test – Motor Vehicle – Origin – Criminal – County, Statewide, Federal Please Text Questions and Comments to 518-470-6813.
    10. 10. BRINGING BACKGROUND TO THE FOREGROUND CASE STUDY: MICHAEL VICK • NFL Player • Plead Guilty to Felony Dog Fighting ChargesPlease Text Questions and Comments to 518-470-6813.
    11. 11. BRINGING BACKGROUND TO THE FOREGROUND CASE STUDY: MICHAEL VICK• Implications • Quandaries – NFL Commission Had – Is a previous criminal to Allow Vick to Return conviction a to the NFL permanent indicator of character? Please Text Questions and Comments to 518-470-6813.
    12. 12. BRINGING BACKGROUND TO THE FOREGROUND CASE STUDY: MICHAEL VICK• Hindsight is 20 / 20 – Origin – Criminal – County, Statewide, Federal – Drug Test Please Text Questions and Comments to 518-470-6813.
    13. 13. BRINGING BACKGROUND TO THE FOREGROUND CASE STUDY: JIM THORPE • Professional Golfer • Plead guilty in September 2009 to failure to pay $1.6 million in taxesPlease Text Questions and Comments to 518-470-6813.
    14. 14. BRINGING BACKGROUND TO THE FOREGROUND CASE STUDY: JIM THORPE• Implications • Quandaries – What do you know – How will you react to about your your employees independent actions while contractors? employed by your organization? Please Text Questions and Comments to 518-470-6813.
    15. 15. BRINGING BACKGROUND TO THE FOREGROUND CASE STUDY: JIM THORPE• Hindsight is 20 / 20 – Origin – Credit Report – Criminal – County, Statewide, Federal – Civil – County and Federal – Cyber Investigation Please Text Questions and Comments to 518-470-6813.
    16. 16. BRINGING BACKGROUND TO THE FOREGROUND CASE STUDY: REX RYAN • NY Jets Coach • Loves his wife’s feetPlease Text Questions and Comments to 518-470-6813.
    17. 17. BRINGING BACKGROUND TO THE FOREGROUND CASE STUDY: REX RYAN• Implications • Quandaries – Employees actions – How do you handle outside of work can the press? affect your – What if you knew this organization from a background – Personal lives are investigations report personal reference? How would it affect your hiring decision? Please Text Questions and Comments to 518-470-6813.
    18. 18. BRINGING BACKGROUND TO THE FOREGROUND CASE STUDY: REX RYAN• Hindsight is 20 / 20 – Cyber Investigation Please Text Questions and Comments to 518-470-6813.
    19. 19. BRINGING BACKGROUND TO THE FOREGROUND CASE STUDY: MIKE HAYWOOD • University of Pittsburgh Football Coach • Charged with a felony (domestic violence) • Fired before coaching one gamePlease Text Questions and Comments to 518-470-6813.
    20. 20. BRINGING BACKGROUND TO THE FOREGROUND CASE STUDY: MIKE HAYWOOD• Implications • Quandaries – Fired after an arrest – Is domestic violence not conviction not as violent because it is domestic? – Some domestic cases are sealed. Please Text Questions and Comments to 518-470-6813.
    21. 21. BRINGING BACKGROUND TO THE FOREGROUND CASE STUDY: MIKE HAYWOOD• Hindsight is 20 / 20 – Origin – Criminal – County, Statewide, Federal – Cyber Investigation What about - Continuous Screening Random Screening Please Text Questions and Comments to 518-470-6813.
    22. 22. BRINGING BACKGROUND TO THE FOREGROUND CASE STUDY: TIGER WOODS • Professional Golfer • Infidelity • Morals ClausesPlease Text Questions and Comments to 518-470-6813.
    23. 23. BRINGING BACKGROUND TO THE FOREGROUND CASE STUDY: TIGER WOODS• Implications • Quandaries – Associates, endorsers, – Should we have morals testimonial givers, clauses in our manuals moral compass vetting and background investigations adjudications parameters? Please Text Questions and Comments to 518-470-6813.
    24. 24. BRINGING BACKGROUND TO THE FOREGROUND CASE STUDY: TIGER WOODS• Hindsight is 20 / 20 – Origin – Criminal – References – Drug Test – Motor Vehicle – Cyber Investigation Please Text Questions and Comments to 518-470-6813.
    25. 25. BRINGING BACKGROUND TO THE FOREGROUND CASE STUDY: PRESIDENT CLINTON • Impeached but not removed from office • He was acquitted by the SenatePlease Text Questions and Comments to 518-470-6813.
    26. 26. BRINGING BACKGROUND TO THE FOREGROUND CASE STUDY: PRESIDENT CLINTON• Implications • Quandaries – Match the skills to the – How do you deal with job no conviction, yet well – Cannot take “arrest” known information? information into – How does character consideration in some affect job states and the EEOC performance? greatly frowns upon it – Does it matter? Does it in some industries and not others? Please Text Questions and Comments to 518-470-6813.
    27. 27. BRINGING BACKGROUND TO THE FOREGROUND CASE STUDY: PRESIDENT CLINTON• Hindsight is 20 / 20 – Cyber Investigation Please Text Questions and Comments to 518-470-6813.
    28. 28. BRINGING BACKGROUND TO THE FOREGROUND CASE STUDY: TIM DONAGHY • Pled guilty to betting on NBA games, including games he officiated • Pled guilty to providing confidential information to others who bet on NBA gamesPlease Text Questions and Comments to 518-470-6813.
    29. 29. BRINGING BACKGROUND TO THE FOREGROUND CASE STUDY: TIM DONAGHY• Implications • Quandaries – High Level “Officials” – What will be your can cause the most wake up call? damage – How do you vet your – Where does the high level “officials”? information you post – Should you be about your employees validating employee come from? supplied data such as bios that are shared for company purposes? Please Text Questions and Comments to 518-470-6813.
    30. 30. BRINGING BACKGROUND TO THE FOREGROUND CASE STUDY: TIM DONAGHY• Hindsight is 20 / 20 – Executive Background Investigations • Validates all resume and applicant details • Most extensive pre-employment background investigation Please Text Questions and Comments to 518-470-6813.
    31. 31. BRINGING BACKGROUND TO THE FOREGROUND CASE STUDY: SEUNG-HUI CHO • College Student • Shooter in the Virginia Tech MassacrePlease Text Questions and Comments to 518-470-6813.
    32. 32. BRINGING BACKGROUND TO THE FOREGROUND CASE STUDY: SEUNG-HUI CHO• Implications • Quandaries – Federal privacy Laws – Is court ordered outpatient treatment at – Prior Police Reports a mental health facility (not convictions – protected under arrest information) HIPAA? – How would such a court order affect your hiring? – What is the Secret Service Shooter Profile? Please Text Questions and Comments to 518-470-6813.
    33. 33. BRINGING BACKGROUND TO THE FOREGROUND CASE STUDY: SEUNG-HUI CHO• Hindsight is 20 / 20 Please Text Questions and Comments to 518-470-6813.
    34. 34. BRINGING BACKGROUND TO THE FOREGROUND CASE STUDY: JARED LOUGHNER • Tucson Arizona Alleged Shooter • Kicked out of Pima Community College • Two Previous offenses • Member of the online conspiracy theory “Above Top Secret”Please Text Questions and Comments to 518-470-6813.
    35. 35. BRINGING BACKGROUND TO THE FOREGROUND CASE STUDY: JARED LOUGHNER• Implications • Quandaries – Cyber Investigations – Should you check all can reveal new hires against questionable military records for behaviors rejection? Please Text Questions and Comments to 518-470-6813.
    36. 36. BRINGING BACKGROUND TO THE FOREGROUND CASE STUDY: JARED LOUGHNER• Hindsight is 20 / 20 – Cyber Investigation Please Text Questions and Comments to 518-470-6813.
    37. 37. BRINGING BACKGROUND TO THE FOREGROUND RECAPPlease Text Questions and Comments to 518-470-6813.
    38. 38. BRINGING BACKGROUND TO THE FOREGROUND QUESTIONS AND ANSWERSPlease Text Questions and Comments to 518-470-6813.
    39. 39. BRINGING BACKGROUND TO THE FOREGROUND DISCLAIMERThe information provided in this presentation doesnot constitute legal or accounting advise. It is forinformation and discussion purposes only.This presentation may not be reproduced without thewritten consent of the author. Please Text Questions and Comments to 518-470-6813.
    40. 40. BRINGING BACKGROUND TO THE FOREGROUND THANK YOU! Michelle L. Pyan LPI MBA Commercial Investigations LLC Licensed Private Investigative Agency Offices in Harmony Florida and Cohoes New York (800) 284-0906 michellepyan@commercialinvestigationsllc.comPlease Text Questions and Comments to 518-470-6813.

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