What Is Negligent Hiring?
When a company brings a new staff member on board, that employee becomes an “agent” of the firm. However, should that new worker subsequently cause harm to a co-worker, client, or third party, the employer may be liable for a claim of negligent hiring.
Negligent hiring says the employer should have performed more due diligence when screening that worker before hiring. If properly done, the due diligence may have revealed that the worker just brought on board should, instead, have been disqualified from consideration.
It is valuable to note that companies can be caught in a difficult position.
While organizations wish to use background checks and criminal checks as part of their due diligence processes, there are two issues that can arise during the screening process.
First, screenings are not foolproof. Occasionally, some mistakes in databases are made, and lawsuits prevail on the web describing some of these cases. One particular case occurred a decade ago when a school bus driver was drinking and driving while on the job. He crashed the bus which led to the loss of lives.
Second, while companies do not wish to hire dishonest or dangerous people, they also must be careful in their due diligence screenings not to discriminate, as racial minorities have disproportionate conviction rates. Complying with the EEOC is also required.
Though no one can prevent an unhappy litigant from filing a lawsuit, every organization can record its efforts of how the due diligence process occurred. Screening policies should be in place that provides a thorough investigation into the details pertinent to employment. Those policies prove best when reviewed by a legal professional, or when a firm such as Data Screening is used.
Data Screening can provide due diligence screenings via a variety of criteria. Their services cover legal aspects as well as customized information to preclude negligent hiring claims.
About DataScreeening.com
Data Screening is a Certified Women’s Business Enterprise that has offered business-to-business employment and tenant screenings to human resource professionals and business owners, including staffing companies, for two decades. Among other organizations, they are members of the New Jersey Staffing Alliance, the Society for Human Resource Management and the National Association of Professional Background Screeners. How may we help you today?
A Clean Slate in 2017
You have made the decision this is the year to change your life, to wipe the slate clean. But can you?
Your history has been anything but stellar. A string of bad relationships has cost your heart and your finances. A bevy of poor decisions has cost your credit and credibility. How do you eliminate the bad and build the good?
And if you can manage to put a new face on your data screening, how long will it take?
The answer is . . . It depends. But the sooner you begin, the better.
Here are steps you can take to get the process moving (and continuing) forward.
Make sure to get copies of the records pulled against you. If you cannot obtain those, then get copies of your records and FICO score directly from the credit bureaus Transunion, Equifax, and Experian. You can request one copy for free annually from these agencies, and you should scour it carefully to understand where to start making changes.
There are various services and strategies for addressing changes in your credit profile, and only you can determine what works best for your situation; however, study resources carefully, as some are more helpful than others. Credit repair agencies can operate differently than debt consolidation agencies. You may find it helpful to seek counsel from someone wiser whom you trust as to the best way to proceed.
If you have been involved in a criminal complaint, gather records from your local courthouse.
Once you have these records, you can check for any misinformation or errors. You may need to write letters and provide proof of payments to settle any disputes. You can also call collection agencies and discuss terms with them.
This information introduces how to begin improving your profile. Truthfully, it may take a year or three until you have purged the lackluster data. Moreover, while a clean slate might be the ultimate goal, don’t neglect each step along the way. Sometimes our mistakes are opportunities in disguise to teach us life lessons. Chances are, you’ll connect with someone with whom you can share your experience.
About DataScreeening.com
Data Screening is a Certified Women’s Business Enterprise that has offered business-to-business employment and tenant screenings to human resource professionals and business owners, including staffing companies, for two decades. Among other organizations, they are members of the New Jersey Staffing Alliance, the Society for Human Resource Management and the National Association of Professional Background Screeners. How may we help you today?
Choosing Your Tenants Wisely
Have you ever had to deflect complaints about tenants? Have you ever had to evict a tenant for nonpayment, or worse, had a tenant skip out on you?
While it is true that there are no guarantees in how people might behave, nor how they might maintain solvent financial status, choosing whom to rent is an important decision. Filling a vacancy should, like any sound business decision, require more information than a surface meeting with the potential tenant.
Once you have the tenant’s permission and s/he has filled out an application, use an agency like Data Screening to receive accurate information and scoring on which to base your rental decision. Whether you are a landlord, property manager or real estate professional, you can receive various screening information about tenant applicants, including:
Tenant background checks with the current and previous landlords. This criterion reveals tenants who pay rent on time, as well as high-risk tenants who don’t. Validate these factors before further consideration.
Applicant credit checks reveal credit scores and bankruptcies, collections, and judgments, which help identify the applicant’s risk for paying late. They may also indicate whether a cosigner might be required.
Criminal searches show if an applicant has a criminal record. This information can prevent a perception of discrimination and minimize rental income loss.
Eviction searches show evidence of tenant evictions as well as reports of income loss.
Screening and background checks provide useful information to aid decision making and ensure your return on investment. Using a professional screening agency like Data Screening will produce fast, accurate information that meets legalities and confirms you can make a wise decision.
About DataScreeening.com
Data Screening is a Certified Women’s Business Enterprise that has offered business-to-business employment and tenant screenings to human resource professionals and business owners, including staffing companies, for two decades. Among other organizations, they are members of the New Jersey Staffing Alliance, the Society for Human Resource Management and the National Association of Professional Background Screeners. How may we help you today?
What Do New Marijuana Legalization Laws Mean to Employers?
Ongoing decriminalize of marijuana has posed challenges for employers. The 2016 election saw voters approve new marijuana laws in seven states and now, there are 28 states, plus the District of Columbia, in which the substance is legal.
Marijuana is still a Schedule I substance under the federal Controlled Substance Act. This federal law maintains the possession, manufacture, distribution and sale of the substance is criminal. The conflict between the federal and state laws (for those which have legalized the drug) is what creates confusion.
Employers strive to maintain a productive and safe workplace while protecting the rights of their employees. Consequently, as marijuana is legalized and its use grows, so do the number of employees who test positive for the substance in drug screenings.
What is an employer to do?
Companies have had to update their employee requirements to align with changes in their state’s legislation. For example, if a company has eliminated mandatory drug screenings, does it still have the right to issue a test for a single individual based on reasonable suspicions? If so, the employer must adhere to a strict guideline of what constitutes such behavior.
Generally, three factors are considered regarding employee drug testing laws: who can be tested under what circumstances; how would the testing be conducted; and, what were the procedures to be observed by the testing entity.
In some states, such as Colorado, the law allows employers a Zero Tolerance Policy. However, the history of legislation (i.e., ADA in 1990 and Compassionate Use Act of 1996) protects some individuals against criminal charges. So, how does an employer navigate the confusion? Is the employer covered under the Drug-Free Workplace Act?)
If so certified under “The Act,” employers need to develop and publish a written policy for all employees to comply with as a condition of employment. Further, it would be advisable for the employer to initiate awareness programs to educate employees about drug abuse and to offer drug counseling and rehabilitation programs. Also, require that all employees notify their employer within five days of any conviction for a drug offense in the workplace, and, last, continue to make a good faith effort to maintain a drug-free workplace.
Are you an employer who needs assistance regarding testing for drugs in your state or industry? Data Screening can provide due diligence screenings via a variety of criteria. Their services cover legal aspects as well as customized information regarding drug testing and marijuana decriminalization.
About DataScreeening.com
Data Screening is a Certified Women’s Business Enterprise that has offered business-to-business employment and tenant screenings to human resource professionals and business owners, including staffing companies, for two decades. Among other organizations, they are members of the New Jersey Staffing Alliance, the Society for Human Resource Management and the National Association of Professional Background Screeners. How may we help you today?
Watch Out for Holiday Scams: More than Excitement Is In the Air
While you are enjoying your decorating and cookie-making, keep an eye and ear out for those humbug holiday scammers. They are rife this time of year with all kinds of ingenious schemes and hacking plans to catch you off guard and “relieve” you of your cheer.
Fraud is an ever-growing force among consumers. Perpetrators have a singular way of “knowing” what to say, saying it fast and friendly and tricking you unaware. From fake charities to “phishing” for details, be mindful of a potential free-for-all.
3 ways you could be attacked
One of the cleverest hacks has to do with “updating” a troubled computer system. A caller from an obscure location claims to represent a major company which you have heard of or recently used. The caller, armed with partial personal information, who says he or she has recognized you are having trouble with some computer operations, promises to fix it like new. Once he gets your login and password, he can do all manner of “work,” and you will be none the wiser.
A second scam pertains to your credit card’s magnetic strip, which is easier to hack than the chip and pin readers now replacing the swipe system. Since Target’s massive data breach last December in which over 100 million had their card info and data stolen, the new system is a welcome deterrent.
What remains the most successful scam? Email phishing is still tops, especially fraudulent ones from shipping companies. These schemes try to get your passwords as most people will use the same one for several if not all accounts. If these phishers get the right one, they could be in your finances before you can say “pumpkin pie.”
3 ways to thwart an attack
Regarding a computer update scheme, get the individual’s real name, direct phone number, company name and supervisor’s name. Then offer to call him back at a more convenient time. This gives you time to verify whether he is who he says.
For credit cards, be sure to follow the prompts for the chip and pin reader. Keep receipts and review your account online daily to make sure all charges are accurate. Question any you don’t understand.
For emails, look at the email address first. If it is not the right domain name, chances are it is not legitimate.
During this holiday time, Data Screening wants to make sure you enjoy your shopping as well as your celebrations. These warnings might help you bypass some of the schemes and frustrate the fraudulent.
About DataScreeening.com
Data Screening is a Certified Women’s Business Enterprise that has offered business-to-business employment and tenant screenings to human resource professionals and business owners, including staffing companies, for two decades. Among other organizations, they are members of the New Jersey Staffing Alliance, the Society for Human Resource Management and the National Association of Professional Background Screeners. How may we help you today?
How Long Does It Take for Results of a Background Check?
Data checks are a matter of routine today in the pre-employment process. The growth of technology and the post-9/11 concerns about security have converged to make background checks a commonplace. For a company in the hiring process, a sense of expediency can often be a requirement once a candidate is selected for consideration.
Typically, a company spends a considerable amount of time and money to bring onboard a new employee and the candidate’s background check is but one strategic measure used to eliminate the risk of a wrong decision as well as reveal conflicts or concerns about the potential hire. Therefore, making the background check process accurate and fast is important even though a variety of factors are examined.
Once a pre-employment candidate has authorized permission for a background check (as required by law), the turnaround time varies. It depends on the type of search conducted, as well as the company which provides it. For example, a courthouse record or motor vehicle record check can take minimal time while a trace on a social security number, a criminal record check, drug and health screening and other records may take longer.
The time can range from three days to 30 days. The biggest time-delay is incorrectly filled forms.
In addition to the applicant’s age factor (the younger, the less history to review), legal compliance to your state laws plays a role.
If you want to receive the most accurate information expediently, it pays to build an on-going B2B relationship with one agency, such as Data Screening, for your investigations. Just as with other business relationships, familiarity with expectations and preferences help assure quality, attention, and efficiency.
About DataScreeening.com
Data Screening is a Certified Women’s Business Enterprise that has offered business-to-business employment and tenant screenings to human resource professionals and business owners, including staffing companies, for two decades. Among other organizations, they are members of the New Jersey Staffing Alliance, the Society for Human Resource Management and the National Association of Professional Background Screeners. How may we help you today?
Employers Don’t Want to Hire Trouble
“I am convinced that nothing we do is more important than hiring and developing people. At the end of the day, you bet on people, not on strategies.” – Lawrence Bossidy, GE
Use one-day background check services that rely on databases alone, and you are asking for disappointment and, likely, trouble. Suffice to say the adage, “you get what you pay for,” is a truism here. Do you honestly want to put your business in the hands of someone who might not be who he or she claims?
There are valid reasons companies use third party agencies to screen candidates.
A complete background check does much more than verify employment history. Once the agency starts digging, they can look at nearly everything but the candidate’s kitchen sink.
An appropriate background check can find criminal records, sex offenses, judgments and bankruptcies, liens, tax records, driving record, education and income history. While credit reports may not be as popular a request as in the past, some employers follow the federal guidelines due to a compelling reason.
Some jobs also require you to provide a set of fingerprints, particularly if the job is in law enforcement or government security. In fact, agencies may also verify the candidate does not appear on any terrorist watch lists.
So, forego merely using social media scanning and database-only information and choose a search that will provide everything you need. Use an agency like Data Screening and get a complete, accurate and legal picture of who you wish to hire.
About DataScreeening.com
Data Screening is a Certified Women’s Business Enterprise that has offered business-to-business employment and tenant screenings to human resource professionals and business owners, including staffing companies, for two decades. Among other organizations, they are members of the New Jersey Staffing Alliance, the Society for Human Resource Management and the National Association of Professional Background Screeners. How may we help you today?
Combatting Resume Fraud
Statistics from Statisticbrain.com show nearly 55% of people applying for jobs embellish or outright lie on their applications. This is a huge issue. Moreover, it is one most applicants don’t understand the seriousness of as they purport false claims or attempt to hide unflattering information. With the cost of hiring and training, an employer needs to be cautious.
You don’t want to hire someone who cannot perform the job, nor someone who may prove troublesome due to unexposed issues such as a checkered past.
How to catch lies and omissions?
Lying is one of the reasons the Society for Human Resource Management estimates a large percentage of employers in the U.S. conduct background checks. Data screening is one way an employer can determine if a candidate is honest. Without a qualified background check, an employer could be hiring the wrong person.
What are some untruths people tell on resumes or applications?
- Falsification of education or academic credentials.
- Padding employment dates to cover gaps
- Exaggerating job titles and salaries
- Inventing scenarios or achievements
- Claiming responsibility for team efforts
- Hiding issues such as drug or alcohol use or criminal record
- Claiming skills not possessed
How to avoid false claims?
Early in the hiring process, there are ways to flag the common lies above. First, pre-screen with a phone call or question in the preliminary interview. Make sure the candidate knows that statements made must be truthful as fraud is a firing offense.
Second, request official proof of credentials or administer tests to test the truth of what the candidate says or knows.
Third, some people can be uniquely creative in perpetuating falsehoods, so it is important that an employer realizes the ways in which common fraudulent claims are made. Especially if close to a hiring decision, run the background check if you have not yet done so.
A background check will reveal the areas about which candidates are most prone to fib. Terminating a newly-hired employee is far more difficult and costly than to taking the required time to ensure a great hire.
Using an agency such as Data Screening.com ensures you maintain legal compliance and receive the most complete and timely results from the background check. Knowledgeable and appropriate screening pays for itself. Before hiring that employee, make sure you can trust his/her honesty and integrity.
About DataScreeening.com
Data Screening is a Certified Women’s Business Enterprise that has offered business-to-business employment and tenant screenings to human resource professionals and business owners, including staffing companies, for two decades. Among other organizations, they are members of the New Jersey Staffing Alliance, the Society for Human Resource Management and the National Association of Professional Background Screeners. How may we help you today?
Ways to Fail a Background Check
Past studies by a risk consulting firm reveal that nearly a decade ago, the “hit ratio report” on background screenings were already climbing. Red flags were multiplying; criminal record hits went from 8.5 to 9.1 percent; discrepancies in employment verifications rose from 36.5 to 49.4 percent, and educational verifications were up from 14.1 percent to 21.6 percent. Today’s numbers are projected to be even higher. These highly relevant statistics signify why a background check is an essential part of the hiring process.
Background checks are now the norm
It is no longer enough to have a mandatory drug test but to have deeper and more complete information to review and consider regarding candidates. Additionally, companies are no longer screening only for specific levels or job types, but also for all candidates because of the risk that exists at every level of an organization. Even smaller companies realize the importance of data screening.
As employers have shown a heightened awareness of the need for background screening, the methodology and nature of the screening industry have changed. Parameters for data have become more stringent and detailed to reduce the risk and to ensure the best candidates is presented for hiring.
8 Reasons a candidate may fail a background check
- Convicted of a crime relevant to the job’s responsibilities
- Convicted of a crime if applying for a job requiring a security clearance
- Showed a poor credit history (especially if applying for a financial position)
- Lied, embellished or hid experience, credentials or other pertinent information
- Showed a dishonorable military discharge
- Reviewed badly by a previous employer
- Surprised the employer unfavorably with some undisclosed fact
- Incorrect information was pulled
If you outsource your candidates’ background screening to an agency such as Data Screening.com, you will receive in-depth information as well as counsel as to what steps you may take regarding the report.
About DataScreeening.com
Data Screening is a Certified Women’s Business Enterprise that has offered business-to-business employment and tenant screenings to human resource professionals and business owners, including staffing companies, for two decades. Among other organizations, they are members of the New Jersey Staffing Alliance, the Society for Human Resource Management and the National Association of Professional Background Screeners. How may we help you today?
FAQs About Background Checks . . . and Answers
Since 9/11, and the evolution of security breaches in data, pre-employment background checks are a common practice. Nearly 80 percent of employers of every size and type of business, particularly staffing companies, conduct background checks on job applicants.
Here are four of the most popular questions and answers on this subject.
Q. What is a background check and how is it done?
A. Different states have different laws covering background checks, and some are more restrictive than the federal law.
Under federal law, a typical background check uses a candidate’s social security number to verify his/her truthfulness regarding information he/she provided regarding education and employment history, and to note unreported criminal background.
A comprehensive background check provides more details regarding job performance and applicant’s job titles. It can show discrepancies between a candidate’s claims and information reported on the application such as court records, prior employers, and government agencies.
Q. How far back do they go?
A. Usually, the past seven years are shown. However, employers may request searches due to company policies or regulatory requirements which may cover differing periods of time. For example, education verifications would specify credentials and may go back indefinitely depending on the age of the claimed credential.
Q. What do employers look for in a background check?
A. Most prospective employers would flag discrepancies. Employers would also want to verify anything related to job performance that would impact the job applied for or safety of the public, fellow employees, and customers.
Searches can provide information on credit history, driving records, registry checks, sexual complaints and more. In some states, information can be provided on unsatisfied judgments, unlawful detainment, tax liens and accounts in collections.
Q. How long does it take to get a pre-employment background check?
A. Most results are returned within 24-72 business hours. It is best to select a reliable and dependable screening company that can perform screenings nationwide as well as keep you updated should any delays occur. Outsourcing to an established, reputable screening company such as Data Screening.com ensures you are in compliance with I-9 legalities and guidelines set by the Fair Credit Reporting Act.
About DataScreeening.com
Data Screening is a Certified Women’s Business Enterprise that has offered business-to-business employment and tenant screenings to human resource professionals, business owners, and staffing companies for two decades. Among other organizations, they are members of the New Jersey Staffing Alliance, the Society for Human Resource Management and the National Association of Professional Background Screeners. How may we help you today?