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  • Street Smarts: What employees need to know about security

Transcript

  • 1. Employment Screening : What organizations need to know to protect their employees, customers and assets. Prepared by Corporate Security Services Inc.
  • 2. Pre-Employment Screening
      • Don’t bring dangerous people into the workforce
      • Dig as deep as law and policy allow
      • Typically organizations expend more effort to select office equipment and supplies than screening of prospective employees
      • Robust employment screening prevents other risks
  • 3. Employment Roulette: No Robust Employment Screening Corporate Security Services Inc. www.corpsecure.com 2010 ©
  • 4. Employment Roulette
    • Most employers expend more resources on selecting office equipment than on really knowing about the employees they hire.
    • Resume and application fraud is pervasive. 19% of applicants lie about criminal history; 30% of applicants misrepresent education history; 25% of applicants misrepresent employment history.
    • 6-10% of applicants supply false social security number information or are not eligible for hire in the United States.
    Corporate Security Services Inc. www.corpsecure.com 2010 ©
  • 5. Impact of Employment Roulette
    • Employer Liability to a Third Party
    • Lost Revenue Poor Work Performance
    • Lost Revenue from Tardiness and No/Show
    • Training Costs for Failed New Hire
    • New Employee Training
    • Downtime Between Changeovers
    • Damage to Equipment or Facilities
    • Legal Implications Justification for Removal After Hiring
    • Job Error Costs
    • Lost Efficiency
    • Turnover
    • Absenteeism
    • Impact on Public Image
    • Overall Employee Morale
    • Failure to Meet Deadlines
    • Lower Profit Margins
    • Damage by Sabotage
    Corporate Security Services Inc. www.corpsecure.com 2010 ©
  • 6. Business Reasons to Conduct Robust Employment Screening
    • Reduce turnover
    • Avoidance of adverse hiring losses
    • Improved applicant quality
    • Liability avoidance
    • Improved capability for IRS and INS compliance
    • Reduce negative personnel related incidents and losses
    Corporate Security Services Inc. www.corpsecure.com 2010 ©
  • 7. Employment Screening: Return on Investment
    • For Every Dollar Spent On Employment Screening… Employers Avoid Spending;
    • $ 3.07 in Employment Turnover costs
    • $ 2.00 in Shrinkage / Theft costs
    • $ 21.65 in Information / Intellectual Property loss
    • $ 43.03 in Negligent Hiring costs
    • $ 67.63 in Workplace Violence related costs.
  • 8. Safety and Security depends on what you Inspect …. not what you Expect ! Corporate Security Services Inc © 2010
  • 9. Why Screen? – Reduce Potential for Legal Liability
    • May Arise For Reasons Of:
    • Respondeat Superior
    • (A legal rule that the principal or employer is liable for harms done by
    • agents or employees while acting within the scope of their agency
    • or employment.)
    • Negligent Hiring
    • The failure to use reasonable care in the employee selection process, resulting in harm caused to others. Employers have a legal duty not to hire people who could pose a threat of harm to others, which can include everything from slight to fatal bodily injury, theft, arson, or property damage.
    Corporate Security Services Inc. www.corpsecure.com 2010 ©
  • 10. Why Screen ? - Consumer Expectations
    • Consumers expect honesty, diligence, and a protection from criminal intent and other adverse incidents from their business partners/suppliers.
    Corporate Security Services Inc. www.corpsecure.com 2010 ©
  • 11. Why Screen ? – Business Reputation
    • Robust Employment Screening significantly reduces the potential for adverse incidents and issues that can negatively affect the employer’s business reputation.
    Corporate Security Services Inc. www.corpsecure.com 2010 ©
  • 12. Why Screen? Your Organization Envisions Building A “Dream Team” Corporate Security Services Inc. www.corpsecure.com 2010 ©
  • 13. So I Got the Job?
  • 14.
    • Misrepresented Applications
    • Former Employers not Disclosed
    • Unacceptable Driving Records
    • Exaggerated/Misleading Claims of Ability
    • Gaps in Employment
    • Disclose Criminal Convictions
    • Indicate Violent Tendencies
    • Identify History of Drug/Alcohol Abuse
    Corporate Security Services Inc. www.corpsecure.com 2010 © Reliable Employment Screening Can Identify Issues ………..
  • 15. Implementing An Effective Employment Screening Process
    • Employers Have Recognized Rights To Conduct Employment Screening
    • Federal & State Laws Apply To Employment Screening Actions.
    • Written Policy & Procedure Should Be In Place To Guide Employment Screening Methods And Actions.
    • Employers Should Consult with Legal Counsel in developing Policy, Procedure, & Forms used in Employment Screening Process.
    Corporate Security Services Inc. www.corpsecure.com 2010 ©
  • 16. Regulations Governing Pre-Employment Screening
    • The Fair Credit Reporting Act (FCRA)
    • The Gramm-Leach-Bliley Act 1999
    • Financial Service Modernization Act
    • Federal Driver’s Privacy Protection Act
    • State Laws
    • Employers Should Consult with Legal Counsel in developing Policy,
    • Procedure, & Forms used in Employment Screening Process.
    Corporate Security Services Inc. www.corpsecure.com 2010 ©
  • 17. The Fair Credit Reporting Act
    • The FCRA applies to –
    • Employers that use the services of a third party in preparation of an employment screening report. If a third party prepares or provides any portion of an employment screening report (such as criminal records, employment references, or education verifications), then the FCRA will apply.
    • The FCRA was most recently amended by the Fair and Accurate Credit Transaction Act (FACTA or FACT Act) of 2003.
    • Strict adherence to the FCRA is required when utilizing Consumer Reports.
  • 18. FCRA Employer Requirements
    • Employer Requirements under the FCRA
    • 1. Prior to receiving a consumer report, an employer must certify to the CRA in writing that it will do the following :
    • • Use the information for employment purposes only.
    • • Not use the information in violation of any federal or state equal
    • employment opportunity law.
    • • Obtain all the necessary disclosures and consents as required by
    • the FCRA.
    • • Give the appropriate notices in the event an adverse action is
    • taken against an applicant based in whole or in part on the
    • contents of the Consumer Report.
    • • Give the additional information required by law if an Investigative
    • Consumer Report is needed.
  • 19. FCRA Employer Requirements
    • Employer Requirements under the FCRA
    • 2. Employers must provide a clear and conspicuous disclosure in writing to the applicant before the report is obtained. Also, employers must obtain a written authorization before obtaining a consumer report (FCRA § 604(b); 15 U.S.C. §1681b(b)).
    • The disclosure and authorization can be combined in a single document, but should contain nothing more than the authorization and disclosure.
  • 20. FCRA Employer Requirements
    • Employer Requirements under the FCRA
    • 3. Employers need a disclosure form for an Investigative Consumer Report (FCRA § 606(a); 15 U.S.C. §1681d(a)). Often times, the forms are combined.
    • The applicant must be notified by the user of the Investigative Consumer Report (e.g. the employer), within three days, that an Investigative Consumer Report has been requested and that he or she has the right to obtain additional information as to the nature and scope of the investigation requested.
    • See the FTC, Notice to Users of Consumer Reports: Obligations of Users Under the FCRA for further details.
    • Some states may have additional requirements
  • 21. FCRA Employer Requirements
    • Employer Requirements under the FCRA
    • 4. Additionally, the applicant must receive a copy of the FTC document, A Summary of Your Rights Under the Fair Credit Reporting Act .
    • 5. The adverse action rules apply to decisions not to hire an individual based in whole or in part on a consumer report. If adverse action is intended and before it is taken, an employer must provide the applicant with a copy of the report and the FTC document, A Summary of Your Rights Under the Fair Credit Reporting Act (FCRA §604(b)(3); 15 U.S.C. §1681b(b)(3)). This is the first notice, also called the Notice of Pre-Adverse Action .
  • 22. FCRA Employer Requirements
    • Employer Requirements under the FCRA
    • 6. If, after sending out the first notice and related documents, the employer intends to make a final decision not to hire, then the employer must provide the applicant a second notice, also called the Notice of Adverse Action .
    • This Notice will inform the applicant of the employer’s final decision and will provide a copy of the FTC’s form A Summary of Your Rights Under the Fair Credit Reporting Act . Additionally, the notice must provide the CRA’s contact information (name, address, and phone number), must advise the individual that: (1) the CRA did not take the action and cannot provide specific reasons why it was taken; (2) the individual has a right to
    • dispute the accuracy or completeness of the information; and (3) the individual has a right to another free copy of his or her consumer report within 60 days (FCRA § 615; 15 U.S.C. §1681m).
  • 23. Scope of Pre-Employment Screening
    • The scope of pre-employment background screening typically addresses the following three key elements:
    • 1. Identity Verification
    • 2. Personal History Verification
    • 3. Credentialing
    • A pre-employment screening process should consist of background searches that determine if the applicant meets the employer’s requirements in each of the three elements.
    • The employer needs to determine which searches in each element constitute the best method to conduct the search.
    • Business factors to consider are:
    • • Business necessity
    • • Nature of the position (Job Relatedness)
    • • Industry specific requirements
    • • Cost
    • • Time sensitive hiring needs
  • 24. All Background Screening Methods Are Not Equal
    • Performed By An Investigative Research Expert Or The Most Junior Temporary Employee
    • Source of Data – Is the Information Reliable, Accurate ?
    • Are There Safeguards to Prevent “False Negative” and “False Positive” Results.
  • 25. All Background Screening Methods Are Not Equal
    • Are Alias, Nickname, Maiden Name, and Surname Searches Performed?
    • Are Court Record Dispositions Interpreted Accurately?
    • Is the Information/Record returned Actually the Applicant’s or Someone Else With The Same Name?
    • Are You Making Hiring Decisions Based On Reliable, Accurate Processes and Information?
  • 26. All Employment Background Screening Processes Are Not Equal
    • “ Online Instant” Background searches are problematic
    • A “National Online” criminal records search is not available to the private sector
    • The individual performing the screening must have experience in background investigation practices and legal requirements.
    Corporate Security Services Inc. www.corpsecure.com 2011 ©
  • 27. Internal vs. Outsourced Employment Screening
    • Outsourcing eliminates drain and diversion of internal staff resources.
    • It is rare for internal staff to have investigative experience and the ability to know whether the source of the data is reliable, and to stay current on the intricacies of changing employment screening laws and methods.
    • Typically Use of Internal Staff results in assigning the most
    • junior, or temporary employees to perform pre-employment screening.
    • Overall cost reduction and optimum quality control is realized using an outsourced provider.
    Corporate Security Services Inc. www.corpsecure.com 2010 ©
  • 28. Avoiding Pitfalls - All Employment Background Screening Processes Are Not Equal
    • “ Most Online Instant Internet ” Background Services are less expensive but may not yield data that is reliable for hiring purposes . There is a risk of “ False Positive” and “False Negative” results with “Online Instant Internet” searches.
    • A “Reliable National Online” Criminal Records Search is not available to the private sector. Only Law Enforcement Agencies are authorized to access the FBI Nationwide Criminal Records System.
    Corporate Security Services Inc. www.corpsecure.com 2010 ©
  • 29.  
  • 30. Avoiding Pitfalls: All Employment Background Screening Processes Are Not Equal!
    • The source or repository of the records and limitations of the records must be reliable for making hiring decisions.
    • “ Correctional Databases” and “Archive or Tape Databases” sources are not reliable for making hiring decisions.
    Corporate Security Services Inc. www.corpsecure.com 2010 ©
  • 31. Avoiding Pitfalls: “Online Instant National Background Checks”
    • “ Do-it-yourself” online background checks do not include alias names, maiden name, name variation searches, etc.
    • “ Instant checks” usually involve searching purchased databases vs. a true search of court system records. There is no way to evaluate the sources that were searched.
    • “ Online Instant Internet” searches results will frequently indicate “No Records Found,” when criminal records actually exist.
    Corporate Security Services Inc. www.corpsecure.com 2009 ©
  • 32. Reliable Criminal History Searches
    • Federal Criminal Records Search
    • Statewide Criminal Records Search
    • (Where available and Reliable)
    • County Court Records Physical Search
    • Sex Offender Database
  • 33. Federal Criminal Records
    • Serious crimes such as robbery, kidnapping, drug trafficking, white collar crime, interstate crimes, and organized crime are typically handled by the Federal Court system. These cases can not be found in searches of state and county records systems.
    • Best practices indicate that Federal criminal history searches should be performed in the pre-employment screening process.
    Corporate Security Services Inc. www.corpsecure.com 2010 ©
  • 34. About Corporate Security Services Inc.’s Pre – Employment Screening Services
    • Employment Screening Services Are Performed by Human Resources and Investigative Experts
    • Quick Turnaround (3-5 Business Days)
    • U.S. And International Background Screening
    • Capability
    • Searches are Customized to Clients Requirements
    • Average Of Cost Effective, Tailored Screening Ranges
    • From $40 - $100 Per Applicant
    • Qualitative, Understandable Report Format
    • Toll Free Fax Submission
    • Model Hiring Process Forms Adaptable To Your
    • Organization
  • 35. What Distinguishes the Corporate Security Services Inc. Process
    • Each Pre-employment Screening Case Is Handled As An Actual Investigation.
    • All Applicant Forms And Data Are Thoroughly Reviewed For Errors And Omissions Prior To Search Regimen.
    • All Name Variations Are Searched, Such As Maiden Names, Aliases, Hyphenated Surnames, Etc.
    • Robust Security Measures to Protect Applicant Data.
    • Use Only “ Real Time”, Direct Data from Court Records.
    • 17 Year History With No Incident of Reporting A “False Negative” or “False Positive Results.
    • Intense Client Communication/Update Processes
  • 36.
    • The “On Call” team of Security and Human Resource experts.
    • www.corpsecure.com
    888-822-4277 [email_address]
  • 37. INVESTIGATIONS
  • 38. SECURITY CONSULTING
  • 39. TRAINING PROGRAMS
  • 40. EMPLOYMENT SCREENING
  • 41. PERSONNEL PROTECTION
  • 42. FORENSIC SERVICES
  • 43. Disaster & Emergency Services