110304 background check preparation

Austin Marketing Syndicate

Ensuring a Positive Background Check

March 3, 2011 Lynn M. Campbell


You are in the queue!!! Now what?

 Background check information  Resume’s truthfulness

 Dealing with the gaps  Does your information align in all your documents

and profiles?


 Background Checks  Why does an Employer Conduct a Background Check?  What Is Included in a Background Check?  What Cannot be in a Background Check Report?  Who Conducts Background Checks?  Fair Credit Reporting Act and Background Checks  FCRA Update: Workplace Investigations and Annual File

Disclosures  Background Checks and Your Credit Report  Investigative Consumer Reports - What Will Your Neighbors

Say?  How to Prepare for a Background Check  Resources


 Why does an Employer Conduct a Background Check?  Negligent hiring  Current Events  False or inflated information  Federal and state laws  The “information age”


  What is Included in the Background Check?  44% of employers check social networking sites  Range from Social Security verification to personal

acquaintances

Driving Records Vehicle Registration

Credit Records Drug test records

Criminal Records Social Security no. Education records Past employers

Court records Workers compensation

Bankruptcy Personal references

Character References

Neighbor interviews Medical Records Incarcerations records

Property ownership Military records State licensing Records

Sex offender lists


 What Cannot be in a Background Check Report?

 Fair Credit Reporting Act (FCRA) sets national standards that guides consumer reporting agencies but not background checks done inhouse

 Some states have stronger laws that guide this, such as California

 FCRA limits:  Bankruptcies after 10 years  Civil suits, civil judgments, records of arrests from date of

entry after seven years  Paid tax liens after seven years  Accounts placed for collection after seven years  Any other negative information (except criminal convictions)

after seven years  None of the above applies for jobs over $75,000 annual



 Additional laws regarding  Arrest information  Criminal Records  Workers compensation  Bankruptcies

 Questions on an application  It can be asked but if over 7 years it can’t be “reported”

 Personal Confidential Records  Education Records  Military service records  Medical records



 What can former employers say about me?  Truthful information about performance can be shared  Most employers to only confirm

 Dates of employment  Final salary  Other limited employment information


 Who Conducts Background Checks?

 Specialized agencies  Private investigators  Employment Screeners  Data Brokers

 Small companies “in-house”

 Caution if companies are small and use internet advertised services as they are often out of compliance with laws


 FCRA and Background Checks  Your right to know if an outside agency is used

 You give consent and in many cases can obtain  California law requires a copy be available  Adverse information notification

 Before and After

 Shortcomings  Not applicable if company does not use a 3rd party agency  Employer may not disclose and adverse find and say it was

due to strong applicant pool  Ex: unemployed for several years due to bad info on

report due to identity theft


 FCRA Update: Workplace Investigations and Annual File Disclosers

 Employee misconduct investigations  If employer suspects you of misconduct relating to current

employment  Violation of laws  Violation of preexisting written policies  Noncompliance with self-regulatory organizations, ex:SEC

 Employer does not have to give you notice  Report available to persons or agency related to

violation  Cannot dispute the findings –seek advice from

employment law attorney  Annual File Disclosure report as of 2004


 Background Checks and Your Credit Report

 Credit report check to validate responsibility  Loss of job created poor credit, now can’t get a job due

to poor rating…NOT FAIR!  Some states are addressing this and saying check has to be

job related  Can continue to check after you are hired…see

previous slide  You don’t use credit, it can affect your getting a job

 Employer wants to see ability to pay on time


 Investigative Consumer Reports: What Will your Neighbors say?

 Employers can check with your neighbors and friends  Investigative consumer report

 FCRA has a separate disclosure  You are entitled to know “nature and scope”, but you have to

ask for it


 How to prepare for a Background Check

 Order a copy of your credit report  Identity Theft Services  Check court records  Check DMV records  Do your own background check  Ask to see a copy of your personnel file from your old

job  Read the fine print carefully on any job applications  Tell neighbors and work colleagues  Clean up your “digital dirt”  Request previous background check reports


 Resources  Website used today:

 http://www.privacyrights.org/fs/fs16-bck.htm  #9 good FAQ

 Laws on Background Checks  Laws on Workplace Discrimination  Contacting Government Agencies  FTC Publications  Articles of Interest

 Info to learn about access to attorneys and identify theft programs  www.prepaidlegal.com/info/lmcsolutions  www.lmc-solution.com (use the link)


Q & A Thank you

110304 background check preparation

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