Thursday, July 19, 2012

Employment Screening - What the Trend in Online Databases Means to the industry

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The most important trend in the employment screening business has been a proliferation of online databases gift cheap background checks. Any one can access the internet and with a quick quest be able to purchase, for example, criminal records for a low fee. While that is very bright to fellowships finding to trim the funds on background checks, it may in fact be a hazardous trend.

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How is Employment Screening - What the Trend in Online Databases Means to the industry

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What do the fellowships say that have been running background checks, back when employment screening "industry" was just a understanding and not an suitable practice?

Tom Lawson, the founder of Apscreen, the oldest screening firm in the country, says "The necessity of a background check has been established now, and that's why we are finding such a proliferation of habitancy getting into the company - particularly because the internet makes it an easy field to enter because of the low start-up costs."

Lawson continues, "But back in 1980, when we approximately invented the understanding of employment screening, fellowships had to be convinced that there was a good reason to spend money on background checks. We have always been a company that focused on training our specialists to screen applications for completeness, thoroughness and accuracy and supply our customers with individualized service. This trend of online databases is very disturbing to us because the inherent for error and liability is very high."

The Dangers of Databases - Caveat Emptor of the Quick Turnaround

Databases are only as good as the quest logic used to retrieve stored data, and quest logic is expensive and only as good as the estimate of money the database fellowships are wiling to invest in it. Unfortunately, the advent of the internet has made starting an online company easy for anyone. As a result, many fellowships that start an internet "data selling" company do so because the start-up costs are small which means the databases can only supply exiguous information.

Even worse, most online database providers lack an intimate working knowledge of how to screen inherent applicants. Their focus is on selling units of information for profit.

Database fellowships cannot naturally use off-the-shelf software to retrieve publicly compiled repository information. It comes in too many rights "operating systems' and while good, expensive quest logic helps to retell between the dissimilar languages of the information entered into the database company's archival system, it can Never be 100% "competent", even if it is a very "robust" retrieval architecture.

By the sheer science of databasing, 100% information retrieval ability is impossible, unless (as demonstrated recently by the Irs and Fbi Computer fiascos) the "source" data originates from fully compatible systems. This means that going in you can never expect to have a complete file when you compile data from dissimilar systems. This results in "data drops" in which bytes of information mysteriously disappear, as well as computer viruses which can reside undetected in mainframes for years and indiscriminately wipe out data, which would be undecipherable in a foreign operating environment, such as a third party compiler.

A superior example of this occurred on January 17, 1990, when screening client District Cablevision received a now infamous incorrect record of a felony cocaine conviction on one James Russell Wiggins, which was not verified for accuracy or its connection to the field Wiggins, and which resulted in a serious elimination of candidacy lawsuit brought against the supplier based upon slander. This error dealt a major blow to the credit of the supplier and resulted in the cost of a ample monetary settlement. (Us District Court, District of Columbia; Civil action 90-199; Wiggins (et al) v. Equifax Services, Inc. (et al).)

Database fellowships outnumber legitimate employment screeners approximately 75 to 1 in the business today. The main question with such vendors who advertise "nationwide criminal checks," "statewide criminal checks," "instant", or "online," is the veracity of the data they are selling and the competency of the quest used to retrieve the data.

Many vendors gather data from a multitude of sources, not having any idea who compiled the information in the first place. This data is then combined into each vendor's own format, which often does not comprise complete information. The common term in the database business is "data drops," which in addition to the above meaning also means that not all of the data, such as criminal record information from a court jurisdiction that is put into the database, is ready to be extracted, retrieved or researched. This occurs because of the following:

1. The bridge software used to import the jurisdictional data into the database company's memory banks can never be 100% reliable, as long as the compiler is conferrence information from "foreign" repositories

2. The computer has to cope many dissimilar formats while compiling information into a standardized format so that some of the data naturally does not transfer.

This is a question because of the technical department's inability to inform the sales/marketing department properly as to the database's limitations or unwillingness to tell the customer that the goods it is selling may be deficient in some areas. As a result, approximately 5 to 8% of the data is lost. That means that there is a 92% to 94% opening (at best) to identify a record on a candidate. Also, data drops are indiscriminate. Rape convictions are dropped as honestly as traffic tickets.

The second question with databases is the psychological dependence they engender on those using them. As time progresses, the databases' ease-of-use causes the user to forget just how important it is that the database be strict and complete, and that the need for thoroughness in screening an employment candidate should never vary, as to ensure consistency in the screening process, thus precluding the thriving prosecution of the owner for Title 7 claims. The results of falling into this pattern of laziness can be disastrous as litigation may not be far behind.

Crucial Steps in the Employment Screening Process

Historically, and until the late 1970s when the "personnel" department recognized the need to get involved in employment screening, background checks were performed by safety departments - typically comprised of highly qualified, and often retired professionals.

Today it's up to the Hr department to generate the mandatory steps needed to compose a suitable employment screening course along with for starters, a unavoidable candidate identification process. If this isn't the first step in the background check, the results of your searches could be faulty and therefore prove useless.

For example, valuable identification data needs to be gleaned from credit bureaus and other repositories along with unused maiden names, or intentionally omitted information such as date of birth and variations in communal safety numbers. This is where the distinction between true employment screeners and data sellers comes into play. It takes years of palpate to be able to differentiate, for example, intentionally omitted information versus an honest mistake.

The same holds true for incomplete disclosures such as partial criminal history in which the full story can dramatically turn your assessment of the applicant. One such case involved an applicant who disclosed to the company that she was convicted of trespassing. When the criminal check came back, however, it was discovered that while she had honestly told the truth that she was convinced of trespassing, she had also been convicted of trafficking in child pornography and rights of controlled substances - a serious error by omission.

Hiring decisions must not be made on partial, incomplete or incorrect data, but on suitable information and a consistent application of suitable scrutiny of all of the information regarding criminal, credit, work and schooling history, driving attitude, either or not the candidate has completed the application completely, as well as identity disclosure.

A screener must have broad knowledge about each vendor source to make the suitable follow-on decisions that compose into a full and broad report.

Online databases don't supply highly trained researchers who can spot "red flags" and other indicators in an application that interrogate additional consideration. You can only get this kind of service from an interactive screener who has years of palpate in processing background checks.

Another reason online databases can be cause inherent liability is because most databases comprise information that may not be used in the screening process such as arrest records, or unadjudicated matters, or matters for which an expungement exists at the Court but is not reflected in the database.

As previously stated, pro background checks wish an experienced researcher who knows what to look for including: verifying a applicant's true identity, obtaining verification of past employment and education, fully investigating the applicant's criminal past (a skill that requires an intense, and multi-level knowledge of court procedures, credit assessment along with legal records such as bankruptcies, tax liens and judgments, driving analysis, as well as a history of being a sex offender or involved in domestic violence or retraining orders for stalking. All of the factors lead to, but may not necessarily be germane to the job description, at hand, and while exciting, could lead an owner into court, for using the information to deny candidacy, for inapplicability.

By now it should be fairly clear that pro background checks are a broad package that far outweigh any "bits and pieces" of information that can be in case,granted by any private online database. When a person is reasoning about hiring person and they believe that "all I honestly need to do is run a fingerprint check," they are honestly missing the point. So much more information is needed to make a careful, informed hiring decision. Besides, only police departments run fingerprint checks, not employers.

Liability Risks of Not Performing Background Checks

In today's hiring environment employers face ever addition inherent for liability from the workplace when they pick not to do background checks on their news hires. Those liabilities include:

· Premises liability for not safeguarding customers from employees who steal, lie, cheat or injure

· Negligent hiring liability in the event of violence or fiduciary malfeasance, for not providing other employees a safe place to work

· Termination or investigation of the private who hired an applicant who later steals from the company or exposes the company to the above-mentioned liabilities.

· Litigation under officer/director liability theories because of incompetent or inept hiring practices bright the company and/or person who hired the employee

To forestall this type of litigation, a company must have established a refined Hr course that includes a pro employment screening component.

You must become knowledgeable about employment laws which a good background screener can help you with. For example, did you know that it is illegal to make a decision to not hire person based on an arrest record alone? Usually, the only time it is legal for a third-party supplier to release arrest information is in the case of daycare providers and nuclear facility workers. An employer, generally is not allowed to ask about arrests and cannot use this information to deny employment

Critical Tips For choosing an Employment Screener

So what should you be finding for in an employment screening company?

First of all, look for longevity. The longer a company has been providing background checks, the more experienced it is, and as a result, the knowledge, they will have in recognizing the signs of a "suspect" applicant. This is a field where screeners need not only be highly trained, but have broad experience.

Ask for references and then call them. You want a company with an broad and unavoidable track record of providing factual information so you can make an informed hiring decision.

Look for the company's pro memberships in organizations such as Asis, Shrm, Pihra, Nprra, Napbs, as well as others. This indicates a combined knowledge of the screening and safety industries.

Do you as the hiring company; have a complete knowledge of employment law? If not, you need your screening company to know the laws bright background checks. If is highly useful if you hire a company that has an acute knowledge of "negligent hiring" practices, much in the way that an master gawk would know.

The company should have an intimate, suitable and long-term knowledge of the Fair and strict credit Transactions Act (Facta), and the Fair credit Reporting Act (Fcra), as well as Sarbanes-Oxley, the Gramm-Leach-Bliley Act, and the myriad local statutes that may or may not apply to the employment process. They should also have the ability to testify for you in a court of law if need be; or even better, keep you out of court in the first place!

Does your prospective screener have knowledge and comprehension of current Hr management systems? How about corporate due diligence programs or factual employment screening programs that train habitancy to find fraudulent applications and false identities?

Are you starting to see how there is so much more to background checks than first meets the eye?

In short, can your vendor help keep you from unwanted litigation? Unless you or person in your company is an master in employment law, you are putting your company at valuable risk by using an online database provider. If you are using any of the multitudes of online databases, it's not likely you are protected.

Not only do these online fellowships increase your risk of exposure, they may even add to it. For example, let's say you are currently using an employment screener that does not wish you to supply a signed release for each applicant. Sounds relatively harmless, doesn't it?

The truth is what these fellowships have done is had you waive liability to them when you signed up for an account so they can avoid the time and effort it takes involved in this valuable step. Their focus in on addition their sales; which isn't necessarily in your company's best interest.

In the case of a credit bureau audit, your company is now responsible for producing an customary signed application and therefore also liable if you don't have one on file. A good employment screener is not only a long-term certified credit bureau, they also supply signatures for these audits on a regular basis and you should never even know when theses audits occur. A typical lawsuit of this nature could cost your company six figures. There is no upside for a company purchasing background checks to take this kind of risk.

What type of criminal conviction research, hand-researched or online databases, does the company provide? Most fellowships do not comprehend that there is honestly No particular source of information ready regarding criminal convictions. It doesn't exist - anywhere. Do they verify these discoveries against field identifiers and if so, how?

Does your online supplier claim to have worker's payment claim records? Any information in case,granted regarding worker's payment claims potentially provides a false sense of safety for the user. The truth is the only records ready for worker's payment are appeals, not claims, and much of the ready files are sealed because they are not as yet adjudicated. This means the file competency rate for this type of data is about 40% - not good enough.

Does the employment screener have international study capability? If not, how will they screen habitancy you might want to hire from overseas? Without the kinds of connections and a network of relationships industrialized over long periods of time, this information would be approximately impossible to get.

Has the company you want to hire ever been involved in a litigation themselves for improper screening processes? Can they supply you with at least three long-term references? Do they have pro liability insurance along with errors and omissions? Are they Facta, Fcra; Ccrra, and G-L-B compliant?

And of course you need to know the practical things such as cost, turnaround time and reporting method. Many competent employment screeners are listed in publications such as the safety business Buyers Guide as well as business publications such as those linked with the society of Human resource management (Shrm) and the American society for industrial safety (Asis).

What is needed now in this business is a standardization of compliance for employment screeners and person to step up and generate an business co-operative that can police it.

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1 comment:

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