Should I Be Conducting Criminal Background      Checks on Existing Employees?                                          Sel...
SHS FREE Webinars   Provide Education- Foundation SHS was built upon   Quick Updates:       New products/services- iRef...
Facilitators               Mike McCarty                CEO SHS                Metro Nashville PD                Domesti...
Why Are We Here?              We have employees who:                  Have never had a background                   chec...
Background Screening is not…                   A “one and done”                    process                   Background ...
Background Screening Reports…                   Historical document                    when completed                   ...
Recent examples….              Penn State              Syracuse              Employee discovered after               cl...
Legal Issues               Workplace Violence                572,000 nonfatal violent crimes                 (rape, robbe...
Due Diligence                The attention and care                  made by a prudent or                  reasonable pers...
Negligent Hiring….                  If an employer hires someone                  that they either knew or should        ...
Negligent Retention Doctrine                     If employer becomes aware or                     should have become awar...
Recent Case Study Sept. 2011              Employer implements current                employee background screening        ...
How to implement an ongoingscreening program….                Requires policy change or                  development:     ...
ATM Corp. of America vs.Unemployment Board of Review                 Employer implemented                  new policy req...
Technology to make the processeasier…                      ATS “paperless”                       processing              ...
Questions?   Use chat box   Sign up for blog: info.safehiringsolutions.com   Email or call for assistance implementing ...
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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: http://info.safehiringsolutions.com
  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: info.safehiringsolutions.com Email or call for assistance implementing an ongoing screening program Thank You for Participating
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