Should We Be Screening Our Existing Employees?


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A quality background screening program does not end with a pre-employment background check. Background screening is an ongoing process.

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Should We Be Screening Our Existing Employees?

  1. 1. Should We Be Screening Our 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. Important Update The Consumer Financial Protection Bureau (CFPB), enforcing agency of FCRA, has 3 new required forms that MUST be implemented by 01/01/2013. (link on left) Webinar: 12/13/2012 2PM EST- new forms and refresher on FCRA requirments
  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 Background Screening Reports…  Historical document when completed  Candidate could be arrested 1 minute after report is complete and it will not show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… 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. Indiana School Districts….  Expanded Criminal History Check  Employee pays  Once every 5 years  Numerous districts implemented  Why not?
  15. 15. 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
  16. 16. Technology to make the processeasier…  ATS “paperless” processing  Screening alert
  17. 17. Questions? Use chat box Sign up for blog: Email or call for assistance implementing an ongoing screening program Don’t forget to sign up for CFPB new forms webinar!! Thank You for Participating