Should I Be Conducting Background Checks on Existing Employees?


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Is your screening program a "one-and-done" during the onboarding process? Do you have employees that have never had a background check? Or only had a limited background check? This webinar discusses the importance on an ongoing screening program, workplace violence and the legal concepts of negligent hiring and retention.

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Should I Be Conducting Background Checks on Existing Employees?

  1. 1. Should I Be Conducting Criminal Background Checks on Existing Employees? Select speakers or Phone on Webinar tab The Webinar will begin shortly. While you are waiting please register for blog updates:
  2. 2. SHS FREE Webinars Provide Education- Foundation SHS was built upon Quick Updates:  New products/services- iRefCheck ready for testing Encourage Social Media to Connect & Network with our 3,000+ Users  Twitter- customer service, network, information resource  FaceBook- What we stand for- community work-missions  Blog
  3. 3. Facilitators Mike McCarty  CEO SHS  Metro Nashville PD  Domestic Violence Division  Breaking the Cycle  iRefCheck
  4. 4. Why Are We Here?  We have employees who:  Have never had a background check  Had a limited background check  Have not had a background check in more than 5 years
  5. 5. Background Screening is not…  A “one and done” process  Background screening must be an ongoing process
  6. 6. Background Screening Reports…  Historical document when completed  Candidate could be arrested 1 minute after report is complete and it will not show
  7. 7. Recent examples….  Penn State  Syracuse  Employee discovered after client accidently hit re-screen button- felony arrest pending  Teachers aide sexual molestation case 19yrs ago  Teacher accused of rape- had a felony conviction while employed- school did not know
  8. 8. Legal Issues Workplace Violence  572,000 nonfatal violent crimes (rape, robbery, assault) in 2009  35% decline 2002-2009 Contributing Factors:  Post 9/11 focus on safety & security  Security policies & procedures  Comprehensive background screening
  9. 9. Due Diligence The attention and care made by a prudent or reasonable person to avoid harm to another person or their property.
  10. 10. Negligent Hiring….  If an employer hires someone that they either knew or should have known was dangerous or unfit for a position and it was foreseeable that someone could have be harmed then they could be sued for negligent hiring.  It is the "should have known" that creates problems for employers  How many employees have never been screened?
  11. 11. Negligent Retention Doctrine  If employer becomes aware or should have become aware of problems with an employee who demonstrated unfitness and employer takes no corrective action (investigating, reassignment or termination).  It is not enough to just screen new hires.  Due diligence must be exercised in an ongoing safe workplace program.
  12. 12. Recent Case Study Sept. 2011 Employer implements current employee background screening program w/ 578 employees:  42.1% hit ratio (average is 10- 12%)  250 felonies  489 misdemeanors  22 employees (including a senior manager) terminated for falsifying application (indicated they did not have a criminal record when they were hired).
  13. 13. How to implement an ongoingscreening program…. Requires policy change or development:  Define business necessity  Define frequency  Define how it will be implemented  All employees; or  % of employees monthly starting with most senior
  14. 14. ATM Corp. of America vs.Unemployment Board of Review  Employer implemented new policy requiring ongoing background checks  Employee refused to authorize  After 3 attempts, employer terminated  Federal courts upheld termination as employer articulated a business necessity
  15. 15. Technology to make the processeasier…  ATS “paperless” processing  Screening alert
  16. 16. Questions? Use chat box Sign up for blog: Email or call for assistance implementing an ongoing screening program Thank You for Participating
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