6 Reasons for Background Check Delays
Employment screening is a crucial part of the hiring process. While an employer may want the most rapid response possible, it is wise to mitigate risk by being thorough and accurate.
On average, an employment background check takes up to five business days depending upon the nature and scope of information requested. It can take longer, however, due to a variety of reasons.
Incomplete information. One of the top causes for delay, yet it is the most easily prevented. As an employer, ensure that all the information about a candidate – full name, address, etc., including correct spellings – is accurate before submitting it to a screening agency.
Identity check. Some records are nearly instant, but others take longer depending on the type of check conducted. A social security number trace may take less time than a passport or national identification card. Some identity screenings may also include a search of a global watch list.
Drug testing. Face it – drug screenings take time. The potential candidate must get to a lab, and then you have to wait or results. On-site facilities for collecting specimens helps, but there is still a wait period.
Holidays and backlogs. Courts can be backlogged or closed for a holiday. This increases time it takes for records to be processed. A delay can also occur when a court mandates research must be conducted specified personnel. Of course, the record must be confirmed as up to date and legally reportable.
Difficulty establishing verifications. Sometimes you may have trouble contacting a former employer or educational institution. Furthermore, their response may take a while. Other times, you may need to request additional information to substantiate previous documentation.
Nonresident information. If a candidate’s background contains information that must be requested outside of the United States, expect a slower process. Organizations and institutions located in other countries may operate differently and require additional time to verify a request.
Remember, if a background check signals a glitch, as a potential employer, you are legally obligated to notify the candidate. Once notified, the candidate has the opportunity to dispute the issue.
Consider contracting a screening agency to do your background checks. They still have to deal with the above issues, but they will be dealing with them – while you have more time to do what you do best.
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 ASA (American Staffing Association), SHRM (Society for Human Resource Management) and the NAPBS (National Association of Professional Background Screeners).
Protect Your Property while Subletting
As a landlord, your priority is protecting your rental property. It is the reason you have leasing agreements and tenant screenings. But what do you do when a tenant who has always paid rent on time and kept his apartment in pristine condition wants to sublet?
Subletting is not a risk-free concept – nor is it easy, but sometimes it’s the best choice. For example, if that premier tenant is leaving for an extended work assignment, but neither wants to put his/her furnishings in storage or have to find another apartment when returning. (Subletting differs from assigning, in which the tenant permanently leaves the apartment and assigns the lease responsibility to another individual.)
Protection Comes in Writing
If you agree to sublet, clarify terms and document everything.
- Ask your current tenant to share, in writing, their reasons and documentation for approving the potential sublessee.
- Even though the sublessee has earned the tenant’s approval, have them fill out your standard application and conduct your usual procedure – including credit and criminal background checks.
- Create a sublease agreement, which establishes who pays the rent and, if not included in the rent, the utilities.
- Establish who is responsible for late fees, damages, etc. In most cases, the buck should stop with the original tenant.
- Get the current tenant’s contact information and establish in writing, that you will be notified of any changes that occur while they are gone.
- Ensure that both you and the current tenant are in compliance with your local and state laws.
- Take photos of the apartment on the day the current tenant is leaving – this will establish proof of the condition of the property, as well as the furnishings, should a question arise.
Whether or not you choose to sublet, managing property includes background checks. Let Data Screening make your job easier. We have been serving businesses since 1996.
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 ASA (American Staffing Association), SHRM (Society for Human Resource Management) and the NAPBS (National Association of Professional Background Screeners).
ASA Paper Speaks to Ban-the-Box Laws
On February 28, the American Staffing Association (ASA) published an updated paper on staffing firms’ ability to conduct and use criminal background checks. The use of these tools falls under the purview of the Fair Credit Reporting Act (FCRA), and guidelines are subject to various EEOC requirements and state and local ban-the-box laws.
Ban-the-box laws limit the conditions on when an employer may ask about a candidate’s criminal history. The updated paper from the ASA, “Background Checks: A Primer for Staffing Firms on Complying with Federal, State, and Local Laws,” is written by attorneys Pamela Devata, Esq., and Jennifer Mora, Esq., with law firm Seyfarth Shaw, LLP. The paper provides details in a chart of various jurisdictions’ ban-the-box laws, as well as the nuances of these laws that are relevant to staffing firms seeking to navigate this complex legal area. Members of ASA can access this relevant article on the ASA website.
For additional information, consider attending the 2018 ASA Staffing Law Conference, which takes place May 10-11 in Washington, DC. This year’s conference will feature a session dedicated to recruiting issues, including criminal background, medical marijuana, and salary inquiry laws by federal, state, and local governments. Visit staffinglawconference.net to learn more and register today.
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 ASA (American Staffing Association), SHRM (Society for Human Resource Management) and the NAPBS (National Association of Professional Background Screeners).
Ban the Box and Criminal Record Laws
Employers and HR Managers are on constant alert for changes to state and federal background check regulations to prevent discrimination in hiring practices and screening laws. This includes the evolving Ban the Box laws.
The phrase “Ban the Box” was coined by groups in a civil rights campaign on behalf of ex-offenders who frequently were unable to secure or were limited in the jobs for which they could apply or be hired.
The underlying concept was if an ex-offender could not find a job, a higher percentage of those people would tend toward recidivism. So, instituting more advantageous hiring policies would benefit society by fewer ex-offenders backsliding.
Advocates of the program agree to its necessity because of stricter laws governing drug crimes—which may have been the result of a wrong decision in an applicant’s youth.
Those who disagree argue it exposes their businesses and employees to higher risk and potential crime. Some propose it could also expose employers to more lawsuits from unsuccessful candidates. However, those who wished to quiet the campaign may have inadvertently enforced the Streisand Effect on it.
Either pro or con, there is an official guidance offered by the EEOC. The guidance provides details (in Section III, A.) regarding contextual framework for use of criminal record-screening.
Criminal Record
As with the Ban the Box trend, employers are expected to consider an applicant’s qualifications before learning about their criminal history. To date, more than 150 cities and counties and 30 states have adopted the fair chance practice.
States, too, have included their interpretations to the ban the box and criminal record checks, such as how long after the criminal history the employee is applying, and how grave was the offense. These amendments help the employer to assess individuals concerning the duties inherent to the job.
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 ASA (American Staffing Association), SHRM (Society for Human Resource Management) and the NAPBS (National Association of Professional Background Screeners).
Is a Former Employer’s Bad Reference Harmful?
Company XYZ wanted to hire Joe Blank. He seemed the perfect candidate to fill the job after a lengthy and exhaustive search. Is there such a thing as a too ideal candidate?
Even his credentials seemed a masterful fit to the position’s requirements. If Joe was so perfect, then why did he have two bad references?
One negative reference would have been conceivable to overlook. But two?
The firm decided to dig deeper to find out why and asked the staffing agency that had found Joe to look further into his background. Was it possible that two of Joe’s former bosses had real issues with Joe’s performance? Were they crazy or was it sour grapes?
Here are three points to consider about references:
- The Rant. When a former manager begins with negative comments and continues on a rant, it may be time to disregard the conversation. After all, the agency had spoken with Joe but didn’t know anything about the person providing the reference except that Joe had given the agency the name. And, yes, it is possible that two bosses had given bad references. People do tend to report negative qualities rather than positive ones.
- The Truth. When Joe had applied for the position, he had been candid that he left his former positions with some conflicts. He admitted that he had ethical issues with some of the tasks his former managers had asked him to do.
- The Excuse. The person providing the reference appeared double-minded. “What would you like to hear? Joe did his job okay, but I just didn’t like him. So, I wish you better luck.” Then before the agency representative hung up, she heard Joe’s former manager say under his breath, “Joe doesn’t know what he’s worth. If I give him a bad rap, he can’t leave.”
The point of any reference is to confirm what the interview has revealed. While it can push a decision forward, it also can feel like such a shot in the dark that it’s best to disregard what is said and rely more on the background screening.
In Joe’s case, the third reference gave glowing remarks and answered the representative’s questions in detail which persuaded her that Joe was worth receiving the job offer.
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 ASA (American Staffing Association), SHRM (Society for Human Resource Management) and the NAPBS (National Association of Professional Background Screeners).
Answers to Three Important Questions about Background Checks
What can a firm expect when outsourcing candidate background checks? The following Q&A may help you decide what is right for your business.
Q.I have a small business and must carefully watch my bottom line. Why would I hire an agency rather than just use information at hand, like searching the Internet and Social Media, or speaking with references supplied by the candidate?
A. Internet and Social Media findings are just a place to start. Because it is difficult to know from what source the information originates, neither will provide the most complete picture of the candidate. Too, it is always best to hire a reputable screening agency, so you comply with federal and state ethical and legal standards.
Speaking to a candidate’s references can be an excellent way to confirm what the candidate expressed in an interview. The reference received, however, may be incomplete for several reasons. A former boss may not give a complete or honest answer about the candidate. You do not know the person providing the reference, and, the person may not have known the candidate. (Some candidates are clever and give their friend’s information knowing s/he will pose as a former boss.)
Also, the previous boss may have moved on. Or the reference will only verify the person’s employment start and end date and their salary.
Q. Why do I need to perform a background check?
A. In keeping with federal, state and local statutes, a thorough background check includes verification of past employment and can include a credit history and criminal history. These aspects help as a means of judging a candidate’s past, character and fitness as well as determining the potential risks for safety and security. For instance, an employer can tell if the candidate lied about being terminated from a past position, or avoided mentioning being charged with a DUI. Remember, as a business; you are also responsible to ensure the safety of all your employees.
Q. What else does an employment background check do?
A. It flags discrepancies in the information the candidate provided. It verifies education and certifications. It reduces risk and liability by fulfilling due diligence. It highlights a criminal or drug history. These factors give a more complete picture of the candidate.
It might sound cliché, but paying for a reputable professional agency, such as Data Screening.com, to provide the information you need on your prospective candidates gives you peace of mind about hiring. Since many businesses tend to be overwhelmed with responsibilities, laying to rest the worry about applicants seems a good ROI.
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 ASA (American Staffing Association), SHRM (Society for Human Resource Management) and the NAPBS (National Association of Professional Background Screeners).
Could Changes to Credit Reporting Boost Your Credit Scores?
Beginning in July 2017, millions of Americans could see an increase in their credit scores as the TransUnion, Experian, and Equifax, the three major credit agencies, drop tax liens and civil judgments from their reports.
FICO says about 12 million of the 200 million credit consumers will see an increase of about 20 points. This is good news for consumers because credit scores are used almost ubiquitously by everyone to indicate credit worthiness.
Why are the companies no longer including this information?
These changes are occurring as a result of a settlement with lawmakers in more than 30 states. The officials found the alleged liens and civil judgments were frequently attached to the wrong people, thus hurting their credit access for a home or car. Since liens and judgments represented major derogatory events, the fall off of this category could make a huge difference for some.
So, as of this month, if the lien or judgment fails to match three out of four criteria, it will no longer appear on the credit report.
As a result of these changes, look for new oversight of credit reporting agencies by the Consumer Financial Protection Bureau as the new rules are enforced. Possible, too, credit lenders may become more stringent in their practices since they will now have less assurance that consumers can pay back the borrowed monies.
An agency such as Data Screening.com can provide accurate credit reporting. A professional agency bases its reputation on the accuracy of reporting structures according to federal and state mandates.
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 ASA(American Staffing Association), SHRM (Society for Human Resource Management) and the NAPBS (National Association of Professional Background Screeners). How may we help you today?
True or False Quiz: Can Landlords Prevent Defaults on Rent?
As a landlord, you may think you have all the information you need to keep your rental business on the up and up while protecting yourself and your assets. Let’s see how you do with this simple quiz.
T or F: The landlord is always right no matter the tenant’s argument.
False. There are two sides to every coin, so to speak. When the subject is arrears in rent, both the landlord’s and tenant’s sides must be examined. Though the rent must be paid, many states are pro-tenant in anti-discrimination suits. It’s good to have a legal contract in place that protects the rights of both parties, and if necessary, pursue legal action.
T or F: A tenant can move out completely without notice should she/he feel unsafe in the rental property.
True. It is incumbent upon the landlord to provide a shelter free of serious defects which could be harmful to the health or safety of the tenant. And some states permit the tenant a right of cancellation. However, the tenant must inform the landlord in writing and allow him/her to repairs the problem in a reasonable amount of time. Further, a tenant who wishes to cancel a lease should seek legal or appropriate governmental agency advice to ensure the conditions are severe enough to warrant vacating.
T or F: An artistic tenant has painted the walls with a textured paint in one room, a blackboard paint in another and applied wallpaper in another. The tenant has now given proper notice according to lease requirements and has moved out. Do you refund the tenant’s security deposit in full?
It depends. Did the tenant improve the property? Leases usually include a limited covenant to possessory interests. If tenants wish to have their security deposit returned, most statutes say they must leave the premises in move-in condition. However, some tenants agree in writing to update, personalize or decorate a property upon leasing.
This quiz’s purpose points out the need for thorough data screening and consideration by both parties before renting. No renter should enter an agreement without reading the lease or viewing the property. And no landlord should rent without a complete data screening of the applicant.
A professional agency such as Data Screening can assist you with a thorough background check for your rental applicant. Learn as much as you can to protect your investment and keep everyone’s mind at peace.
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?
Expunging Outdated Data from Background Checks
Have you ever been rejected based on your background check but you know your records should have appeared with no questionable information?
What should you do if you find erroneous information on your personal, credit or social media history? How do you begin to correct information that is no longer accurate?
Gather your patience for the process.
While many states have passed laws to help people clear their criminal records, the laws fail to address issues found in private database companies that might be slower to reflect updated information. These include thousands of private sellers of criminal history records across the Internet. Often, these companies could be of questionable integrity or quality.
Removing information can be done, but it will take time and diligence—sometimes up to a year— no matter on whose fault the error is. Worse, no one place holds all your records.
First, it is necessary to perform a search through a reputable background check company such as Data Screening. This way you will have the most accurate and the most up to date records on yourself. With this information, you will be able to see any mistakes that are on your record or any convictions that should have been expunged. You will also be able to see the locations of the courthouses from where this incorrect information about yourself originated from and therefore get it corrected quickly.
Unfortunately, no federal laws exist that require periodic updates.
States have jurisdiction to invoke remedies for people harmed by outdated personal information. The process may be more difficult if you have married, divorced, or recently relocated.
Further, as one might expect, the process can be costly in time and fees. If you cannot endure the process, a reputable record removal firm can help, but unfortunately, it may not be totally effective as some background check sites do not honor requests from third parties.
Nevertheless, it is vitally important to keep personal data accurate, especially if you have taken the time to adjust prior records.
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?
Hiring for the Gig Economy? Best to Screen Carefully
Hiring temporary contract workers is on the rise, and more small and midsize businesses are heading this direction. This gig trend will likely continue until at least the end of the decade. Isn’t that good news for staffing firms, whose utilization grew an average of 10 percent over the past year?
While hiring great temporary or gig workers is crucial for your clients, it also means staffing firms must tweak their processes to bring in the right talent. Being proactive both with digital contact and vetting approach becomes essential.
Alter interview questions to determine the candidate’s ambitions for specific opportunities, like the examples below:
- Why are you interested in this temporary opportunity?
- Do you hope to transition to full-time employment?
- What are your goals regarding this specific position and why?
- What characteristics are most important to you in any job?
- Describe your preferred work environment
Ask questions that reveal the candidate’s work style and personality, such as:
- Tell me about a time you went above and beyond the scope of your job.
- What do you value most in a company?
- Do you prefer working solo or with a team?
- Describe a time you had a conflict with a coworker and how you solved it.
- What skills do you have that would add value to this job?
- What would be your ideal job?
Remember to run a background screening on each candidate, too. Without an accurate screening by a professional firm, such as Data Screening.com, you may not get all the facts. There’s little worse than presenting a candidate who may have posted false claims on an application.
As a staffing firm, certainly you want to present your best-vetted talent to your client to fill any potential openings, and a proper data screening will check for fraud, any history of criminal activity and many other critical issues. Plus, all screening must be completed within the framework of federal and state employment laws, and a professional screening firm will operate with the knowledge of those boundaries.
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?