| American industries that hire large numbers of | | | | Applicant fails to explain why he or she left past |
| hourly, temporary or seasonal employees are | | | | jobs, |
| caught in a Catch-22. | | | | Applicant fails to explain gaps in employment |
| On one hand, they know that if they don't take | | | | history. |
| measures to conduct pre-employment screening | | | | Applicant gives an explanation for an employment |
| and exercise due diligence in hiring, it is a statistical | | | | gap or the reason leaving previous job that does |
| certainly they are sitting ducks for expensive | | | | not make sense. |
| litigation, workplace violence, false claims, theft, | | | | Excessive cross-outs and changes (as though |
| embezzlement and economic loss. | | | | making it up as they go along) |
| Just one bad hire can cost a firm literally millions. | | | | Applicant fails to give complete information (i.e. |
| Studies show that screening reveals criminal | | | | insufficient information to identify a past |
| records for up to 10% of job applicants, and at | | | | employer, leaves out salary, etc). |
| least one-third of all resumes contain materials | | | | Applicant failed to indicate or cannot recall the |
| falsehoods. For food establishments, | | | | name of a former supervisor. |
| manufactures, hotels and other business that | | | | 5. In reviewing applications, look for unexplained |
| have a national brand, one negative employee | | | | employment gaps. |
| caused event can result in damaging national | | | | It is critical to verify past employment to |
| publicity and significant harm to the brand. | | | | determine where a person has been for the last |
| The catch, however, is that large hourly | | | | 5-10 years, even if you only get dates and job |
| employers face enormous financial and logistical | | | | titles. Look for unexplained gaps in employment. |
| challenges in implementing safe hiring programs. | | | | Generally, if you can verify that a person was |
| Screening large numbers can be expensive and | | | | gainfully employed for the last five to ten years, |
| time consuming. Some industries hire at multiple | | | | or their whereabouts can be verified it is less |
| locations, and can experience large turnover. | | | | likely the person spent time in custody for a |
| The problem is compounded when firms hire | | | | serious offense, although this does not eliminate |
| seasonal, temporary or contract workers as well. | | | | the possibility of lesser offenses. |
| Such industries can include hospitality, | | | | 6. In reviewing applications, examine reasons for |
| manufacturing, service, retail, food and | | | | leaving each job. |
| restaurants, and tourism. The challenge is how | | | | 7. Always ask these five questions (during |
| industries with a large numbers of hourly, | | | | housekeeping stage of interview). |
| seasonal, temporary or contract workers or | | | | Since they have signed consent and believe you |
| significant turnover, can protect themselves in a | | | | are doing checks, applicants have a powerful |
| cost-effective and efficient manner. | | | | incentive to be truthful. These questions are the |
| The answer is probably less complicated then it | | | | equivalent of a New Age Lie detector test. Good |
| first appears-due diligence and safe hiring does not | | | | applicants will shrug it off and applicants with |
| require a large budget when employers implement | | | | something to hide may reveal vital information.a. |
| a safe hiring system, as opposed to buying | | | | We do background checks on everyone we |
| background checks. | | | | make an offer to. Do you any concerns about |
| Many firms make the mistake of believing that in | | | | that you would like to discuss? (Good applicants |
| order to show due diligence, they need to spend | | | | will shrug off)b. We also check for criminal |
| a great deal of money to perform background | | | | convictions for all finalists. Any concerns about |
| checks and criminal record research. These firms | | | | that? (Make sure the wording of the question |
| view pre-employment screening as a process that | | | | reflects what an employer may legally ask in that |
| starts after a hiring manager has selected an | | | | state)c. We contact all past employers. What do |
| applicant, and the name is submitted to security | | | | think they will say?d. Will past employer tell us |
| or human resources for a background report. | | | | that e.g. your were tardy, did not perform well |
| Depending upon the employer, it is either | | | | etc.e. ALSO, use interview to ask questions about |
| outsourced to a background company or | | | | any unexplained employment gap |
| investigated internally through corporate security. | | | | 8. Check references and look for Unexplained |
| An effective background-screening program, | | | | Employment Gaps: |
| however, does not need to cost a great deal of | | | | Verifying past employment is one of the single |
| money because it is much more then just | | | | most important tools for an employer. It can be |
| checking background and criminal records after a | | | | as important as doing criminal checks. Past job |
| candidate has been selected. In fact, in an | | | | performance can also be an important predictor |
| effective safe hiring system, the primary tools | | | | of future success. Some employers make a |
| are the application, interview and reference | | | | costly mistake by not checking past employment |
| checking process, also known as the AIR process. | | | | because they believe past employers may not |
| These processes are performed in-house as part | | | | give detailed information. However, even |
| of the routine hiring program, and do not cost | | | | verification of dates of employment and job titles |
| employers a dime, as long as it is followed. A brief | | | | are critical because an employer must be |
| review of the AIR process is contained in the | | | | concerned about unexplained gaps in the |
| attached Safe Hiring Checklist. | | | | employment history. |
| AIR PROCESS | | | | In addition, documenting the fact that an effort |
| 1. Use an application form, not just resumes. | | | | was made will demonstrate due diligence. Although |
| Use of an employment application form is | | | | there can be many reasons for a gap in |
| considered a best practice. Resumes are not | | | | employment, if an applicant cannot account for |
| always complete or clear. Applications ensure both | | | | the past seven to ten years, that can be a red |
| uniformity and that all needed information is | | | | flag. |
| obtained, prevents employers from having | | | | It is also critical to know where a person has |
| impermissible information, and provides employers | | | | been because of the way criminal records are |
| with a place for applicants to sign certain | | | | maintained in the United States. Contrary to |
| necessary statements. | | | | popular belief, there is not a national criminal |
| 2. Make sure the application form contains all | | | | database available to most private employers. |
| necessary language.a. Use the broadest possible | | | | Searches must be conducted at each relevant |
| language for felony and misdemeanor convictions | | | | courthouse, and there are over 10,000 |
| and pending cases. One of the biggest mistakes | | | | courthouses in America. However, if an employer |
| employers make is to only ask about felonies on | | | | knows where an applicant has been as a result of |
| an application form since misdemeanors can be | | | | past employment checks, it increases the |
| very serious. Employers should inquire about | | | | accuracy of a criminal search, and decreases the |
| misdemeanors to the extent allowed in their | | | | possibility that an applicant has served time for a |
| state.b. Statement that criminal records do not | | | | serious offense. |
| automatically disqualify an applicant. This is | | | | After the AIR process, a firm is well advised to |
| important for EEOC compliance. It is critical for | | | | perform a criminal check. The good news is that |
| employers to understand that the background | | | | with an effective AIR process, the possibility of |
| screening is conducted to determine whether a | | | | locating a serious criminal record is greatly |
| person is fit for a particular job. Society has a | | | | reduced. A firm can dramatically lower their cost |
| vested interest in giving ex-offenders a chance. | | | | by concentrating on the most recent counties |
| However, an employer is under a due diligence | | | | where an applicant resides or spent a long period |
| obligation to make efforts to determine if a | | | | of time. Some experts contend that statistically, a |
| person is reasonable fit for a particular position. | | | | person is more likely to commit a criminal offense |
| For example, a person just out of custody for a | | | | in their county of residence. As a result, a check |
| violent crime would not be a good candidate for a | | | | of the county of current residence gives an |
| job that require them to go into people's home, | | | | employer the most return for the expenditure. |
| but may perform very well on a supervised work | | | | An employer may wish to do a more in-depth |
| crew. If a criminal record is found, an employer | | | | search depending upon the type of position. An |
| must determine if there is a business reason not | | | | employer may want to review those positions |
| to hire the person, based upon the nature and | | | | with a greater risk for increased scrutiny, such |
| gravity of the offense, the nature of the job and | | | | as:a. Supervisorsb. Workers handling cash or |
| when the crime occurred. There are also | | | | Personal Identifyable information (PII).c. Remote |
| limitations to the use of arrests not resulting in a | | | | or unsupervised workersd. Workers that go into |
| conviction, and a number of states also have rules | | | | people's homese. Workers with Access to |
| about criminal records.c. Statements that lack of | | | | assetsf. Vendorsg. Temporary workersh. |
| truthfulness or material omissions are grounds to | | | | Contractors |
| terminate the hiring process or employment no | | | | Employers who hire vendors, temporary |
| matter when they are discovered. This is | | | | employees or contractors can insist that the |
| particularly important if a criminal record is found. | | | | provider of these services do screening. Many |
| Although a criminal record may not be used | | | | firms may have janitorial crews in the faculties at |
| automatically to disqualify an applicant, the fact an | | | | night, or vendors supplying vital parts or services. |
| applicant has lied about a criminal matter can be | | | | Employers are within their rights to insist that third |
| the basis for an adverse decision. | | | | party provider certify that they have performed |
| 3. Require a release for a background check in the | | | | checks as well. |
| application process. | | | | Implementing a Program throughout the company |
| Have each job applicant sign a consent form for a | | | | The biggest challenge for an organization is to |
| background check, including a check for criminal | | | | promote safe hiring and due diligence across an |
| records, past employment and education. | | | | organization. The goal is to ensure that hiring |
| Announcing that your firm checks backgrounds | | | | managers across different divisions and |
| may discourage applicants with something to hide, | | | | sometimes across different physical locations |
| and encourage applicants to be truthful and | | | | follow procedures and pay attention to safe hiring. |
| honest about mistakes they have made in the | | | | The answer is to set up a S.A.F.E. Hiring System. |
| past. If a firm outsources to a third party vendor, | | | | It stands for: |
| then under the federal Fair Credit Reporting Act | | | | S-Set-up a program, policies and procedures to be |
| (FCRA), there must be a disclosure on a separate | | | | used throughout the organization, including the AIR |
| standalone document. | | | | process |
| 4. Review the application carefully. | | | | A-Acclimate/train all persons with safe hiring |
| In most instances, when there is an employee | | | | responsibilities, especially hiringmanagers. |
| problem or lawsuit, a careful review of the | | | | F- Facilitate/Implement the program. |
| application would have alerted the employer in | | | | E-Evaluate and audit the program by making sure |
| advance that they were hiring a lawsuit waiting to | | | | that everyone responsible understands that their |
| happen, Look for the following red flags: | | | | compensation and advancement is judged in part |
| Applicant does not sign application. | | | | by the attention they pay to the hiring process. |
| Applicant does not sign consent or background | | | | Organizations typically accomplish those things that |
| screening. | | | | are measured, audited and rewarded. The |
| Applicant leaves criminal questions blank (the | | | | attached chart will help supervisors implement the |
| honest criminal syndrome-dopes not want to lie | | | | program and for management to audit hiring |
| about a criminal past). | | | | practices. |
| Applicant self-reports a criminal violation | | | | By following the AIR process as part of an overall |
| (Applicants can self report matters incorrectly.) | | | | S.A.F.E. |