110304 background check preparation
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Austin Marketing Syndicate
Ensuring a Positive Background Check
March 3, 2011 Lynn M. Campbell
Ensuring a Positive Background Check
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?
Ensuring a Positive Background Check
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
Ensuring a Positive Background Check
Why does an Employer Conduct a Background Check? Negligent hiring Current Events False or inflated information Federal and state laws The “information age”
Ensuring a Positive Background Check
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
Ensuring a Positive Background Check
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
Ensuring a Positive Background Check
What Cannot be in a Background Check Report?
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
Ensuring a Positive Background Check
What Cannot be in a Background Check Report?
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
Ensuring a Positive Background Check
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
Ensuring a Positive Background Check
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
Ensuring a Positive Background Check
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
Ensuring a Positive Background Check
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
Ensuring a Positive Background Check
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
Ensuring a Positive Background Check
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
Ensuring a Positive Background Check
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)
Ensuring a Positive Background Check
Q & A Thank you
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