A One Minute Memo® from Seyfarth Shaw LLP.  See [pdf] for details on this may effect your hiring in the State of Illinois.

GObackgrounds.com has offices in Temecula, CA and Brookfield, WI and has been in business for 19 years as a licensed corporate investigations company specializing in employment background checks and due diligence for investment purposes. For further details please see www.GObackgrounds.com or contact GObackgrounds.com directly at 1-888-GOBACK-1 ext. 83 | service@GObackgrounds.com.

View Show 18:  [video]
Date:  Every Wednesday @ Noon (PT)
Company:  GObackgrounds.com | 1-888-GOBACK-1
Host:  Patrick K. Collard, Managing Member & Corporate Investigator

Show 18: Making Sense of Background Checks
Topic: Fraudulent Education Credentials
Date: Every Wed. @ Noon (PT)
Host: Patrick K. Collard, Managing Member & Corporate Investigator
Link: http://www.GObackgrounds.com/category/information-center

Ms. Bautista-Coffeen comes to us from Modis Professional Services where she was an Administrative Assistant for four years.  Ms. Bautista-Coffeen holds a Bachelor of Science degree in Business Administration from California State University-San Marcos.

Marcia can be reached at 1-888-GOBACK-1 ext. 87 | marciabc@GObackgrounds.com.

GObackgrounds.com has offices in Temecula, CA and Brookfield, WI and has been in business for nearly 20 years as a licensed corporate investigations company specializing in employment background checks and due diligence for investment purposes.  For further details please see www.GObackgrounds.com or contact GObackgrounds.com directly at 1-888-GOBACK-1 | service@GObackgrounds.com.

Is a Social Security Number the key to unlocking a person’s criminal history? 

The Social Security Number (SSN) is a unique number that really should be used to track an individual’s criminal history, but it’s not, because that is not its purpose.  In the U.S. a person’s Date of Birth (DOB) is the primary identifier used in determining their criminal history. 

The first purpose of the SSN was as a way to distribute benefits from the Social Security program that was created in 1937.  It wasn’t until 1961 that the Civil Service Commission adopted the SSN as a federal employee identifier and the Internal Revenue Service didn’t make it an official taxpayer ID until 1962.  Therefore, you don’t need a SSN to run a criminal background check, but you do need one to run a credit report. 

What are the 3 biggest credit report myths when applying for a job? 

One:  Most applicants’ think that collections will automatically fall off after two years.  Most collections and charge-offs will fall off after two years, but don’t expect the 3 main credit bureaus (Equifax, Experian and Trans Union) to remember that.  Make sure you give them a call to remind them and submit documentation to insure that this information is removed after 24 months has passed. 

Two:  Chapter 13 bankruptcy stays on your credit file for 7 years and Chapter 7 stays on your credit file for 10 years.  However, tax liens and child support will stay on your credit file indefinitely until they are satisfied.  Additionally, you cannot discharge tax liens, child support or educational loans in a bankruptcy. 

Three:  An employer legally should only pull your credit file if it is germane to the position that you are seeking.  If you’re apply as an accounts payable clerk who is handling checks, then it is permissible under the Fair Credit Reporting Act (FCRA) to access the credit file.  Not so, if you’re a receptionist doing light clerical and administrative work. 

Is there such a thing as a “National” criminal check? 

I am sorry to say, but a national criminal check does not exist.  A lot of background check companies often use misleading words like “National” or “U.S.” to describe their databases.  Movies have sensationalized the “uber” database with a click of a key a dossier appears from birth to present day on their subject within a nanosecond.  Although the FBI is attempting to create an “uber” database, currently there is no public database that will check every jurisdiction in the U.S. simultaneously.  Even the National Crime Information Center (NCIC), which is a protected government database, has its flaws.

GObackgrounds.com has offices in Temecula, CA and Brookfield, WI and has been in business nearly 20 years as a licensed corporate investigations company specializing in employment background checks and due diligence for investment purposes. For further details please see www.GObackgrounds.com or contact Patrick K. Collard directly at 1-888-GOBACK-1 ext. 83 patrickc@GObackgrounds.com.

With unemployment rates still into the double digits, employers are experiencing one of the best hiring markets ever as more candidates are applying for jobs than ever before.  For every job an employer posts, employers should expect to receive hundreds of resumes, from mostly unqualified candidates.

If this is the new normal, how do employers know who to pick from the piles of resumes received?

1. Only hire WOW Candidates!  Since most companies are getting bombarded with resumes, screen out the majority of resumes that don’t fit into the profile of the ideal candidate and go after the WOW Candidates.  Expect the best candidates to completely WOW you, going way above and beyond expectations.  The best candidates will have researched your company, will sound enthusiastic every time you speak to them, and will have a proven track record of success and a smile on their face whether you hear it on the phone or see it in person.

2. Screen out candidates (Most resumes are 85% fluff so screen out the fluff).  Many candidates inflate things such as education, past salary, job titles, dates of employment and even job responsibilities.   If you have a background check policy, make sure you also check education/degree received and confirm past salary, ask to see it in writing to confirm dates  and pay when checking references and you can even cross reference titles and dates of employment on sites like www.linkedin.com.

3. Consider reviewing only the very powerful cover letters and resumes that match up to at least 80% of the job description.  The WOW candidate will present an individualized cover letter documenting how their background, skills and experiences match the job description.  It is very important for employers to focus on the ideal applicant by screening out less worthy candidates and not trying to screen candidates in. 

4. Match up resume to job description, have a profile in mind of the type of candidate that will best fit with the working environment and other team members, company culture and even salary requirements and when sourcing for candidates, have this profile in mind when you are hunting for the WOW candidates. 

5. Look for resumes demonstrating the candidate’s staying power.  Job hopping and gaps in employment are red flag warnings.  Past performance predicts future performance so if an employee switches jobs every two years, they are more likely to repeat the same pattern with you.

6. Focus on the positive, team-players, good neighbor type of candidates.  Hiring a bad apple can cost employers a lot of money and hassle in the long run so look for candidates that have positive attitudes, team-players and generally good people that you would want to be your neighbor.  Employers can train employees for skill but can’t teach employees how to show up to work with a good attitude every day.  Employees either bring a good attitude naturally or they just don’t have it!

7. Train managers how to interview job applicants with predetermined interview questions rather than relying on a gut feeling and get candidates to be specific in their answers during the interview process.  Start by creating impactful, open-ended behavioral interview questions that will help predict future performance and identify the right candidates.  For example, ask questions that counter balance each other such as what went well, what went wrong? Where did you fail? What did you learn?  If nothing, move on.  If responses are vague, ask for further clarification or expand.  How were your annual results in closing sales compared to others?  Look for success oriented answers with conviction, a compelling story-teller and WOW factor responses. 

8. Extend the interview process: Select candidates who have been interviewed by a team rather than just a few employees.  Don’t rush into making a hiring decision, it’s just like dating, it’s best to take your time, interview a lot and find the best match, don’t just marry the first person you date!  You want to get a feel for how this candidate interacts with you and other team members at different times throughout the day.  Conduct interviews at different times, whether it is morning, during lunch, evening, etc.  The last thing you want is someone who crashes at 3pm every day when their job requires long days and strict deadlines. 

9. Do your due diligence:  Make sure you check references thoroughly, don’t just call references provided, do your homework and dig around, ask references who else you can speak to that can help you make a hiring decision.

10. Be fair and consistent throughout the interview process and conduct a thorough background check to make sure you are hiring the right person.  Have an expert review your entire recruitment process to ensure that you are attracting and retaining the right candidates.

Julie Wootton is a guest blogger for GObackgrounds.com.  She has been an HR consultant for nearly 20 years.  The views expressed herein are solely from an HR consultants point of view.  These views do not constitute legal opinion or advice.  The reader should always seek advice from a competent lawyer to answer any legal questions concerning their business practices.

Selecting the right searches for your background checks all starts with your job description.  You need a clear and concise job description to point you in the right direction.  Without one you will end up wasting time, money and perhaps violating the applicant’s civil rights by ordering the wrong searches.  If you don’t have a job description, you really need to consult your HR department or a HR consultant for the proper verbiage.  Julie Wootton of San Diego HR Consultants, Inc. is a guest blogger for GObackgrounds.com and would be able to assist you in this matter.  She can be reached at julie@sdhrconsulting.com.

Once the job description is in place you need to consider a budget and what it means to perform a “reasonable” amount of due diligence.  The average U.S. background check at GObackgrounds.com is about $75.  This is really a small price to pay considering negligent hiring lawsuits being awarded are well into the six figures.

I remember a prospective client from Texas wanted to run background checks on his volunteers for a basketball camp at the local YMCA.  In the end, he did the background checks himself for the 50 volunteers and was really proud that he got a Sex Offender search for $0.50.  Doing your own background checks is not recommended, because you open yourself up personally to a lawsuit versus just your company taking the brunt of the legal action.  Secondly, if I was a parent and found out that they only spent $0.50 to check out a volunteer that was teaching my kid basketball I would not be too happy.  A $0.50 background check is not considered “reasonable” due diligence by the courts, especially since they were done in-house.

You have your job description; you have your budget set, now comes the selection process.  Simply chose those searches that are germane to the job description keeping aware of the cost incurred with every search type.  There are innumerable combinations, but there are some stalwarts that always compliment a background check.  A SSN Trace is always a good search to order because it can develop a past address history and aide in your criminal searches.  By ordering a County Criminal, Instant Single State Criminal and a Federal Criminal concentrating on the jurisdictions developed by the SSN Trace and information identified by the employment application/resume will give you the start of a very powerful background check.  Of course you can always substitute in an Instant Multi-State Criminal for the Instant Single State Criminal if the applicant has lived in multiple states.  Now it’s really just a matter of being germane to job description.  I can select a Driving Record if the applicant will be and an Out-Side Sales Representative and be driving in the course of business.  A Credit Report, Education Verification and a Professional License Verification could be ordered for an applicant who is applying to be a Chief Financial Officer.  Past Employment Verifications can be ordered anytime because they are always germane, but can be tricky to get good information.  Select those search types that are substantially related to the job description; you’ll be compliant and within budget.

GObackgrounds.com has offices in Temecula, CA and Brookfield, WI and has been in business nearly 20 years as a licensed corporate investigations company specializing in employment background checks and due diligence for investment purposes.  For further details please see www.GObackgrounds.com or contact Patrick K. Collard directly at 1-888-GOBACK-1 ext. 83 patrickc@GObackgrounds.com.

Democratic Senator Dianne Feinstein has introduced an amendment (SA 3795) to the Fair Credit Report Act (FCRA), whereby it would restrict an employer from using a “consumer’s creditworthiness, credit standing, or credit capacity” in making any employment decision or adverse action regardless if the consumer has given consent.  So even if there is a signed release an employer cannot secure a credit report from a background check company designated to do so. 

One of the reasons why Senator Feinstein is introducing this amendment is to “protect” the consumer from the unscrupulous financial services sector.  Washington, Hawaii, and Oregon have already adopted various restrictions on what an employer can use in making employment decisions, but the amendment (SA3795) has momentum and employers are concerned in the event their State does nothing and they have to follow Senator Feinstein’s legislation. 

Interestingly enough, one of the exceptions to (SA3795) is point 4, which states, as otherwise required by law.  The last time I checked you needed a credit report to get a mortgage, so exactly how does the introduction of this amendment protect the consumer from the unscrupulous financial services sector that was an active participant in the housing meltdown when he is required to secure your credit report anyway?  I am not sure, either. 

If the amendment passes, it seems to me that forward looking States like Washington, Hawaii and Oregon will adopt their own languages and give access to employers (end-users) and third parties (who name their end-user) like the background check industry as long as the credit report is “germane” to the position the applicant is seeking.  This really isn’t shocking to me as I have been preaching “germane” and “substantially related” for nearly 20 years. 

GObackgrounds.com and our law firm, Seyfarth Shaw LLP – Chicago Office will continue to monitor this legislation and provide you an update as information becomes available.

GObackgrounds.com has offices in Temecula, CA and Brookfield, WI and has been in business nearly 20 years as a licensed corporate investigations company specializing in employment background checks and due diligence for investment purposes.  For further details please see www.GObackgrounds.com or contact Patrick K. Collard directly at 1-888-GOBACK-1 ext. 83 patrickc@GObackgrounds.com.

See our website for details:  http://www.gobackgrounds.com/category/information-center

GObackgrounds.com has offices in Temecula, CA and Brookfield, WI and has been in business for 18 years as a licensed corporate investigations company specializing in employment background checks and due diligence for investment purposes.  For further details please see www.GObackgrounds.com or contact GObackgrounds.com directly at 1-888-GOBACK-1 ext. 83 | service@GObackgrounds.com.

GObackgrounds.com is pleased to offer SSN Name Match to its already extensive product list.  This product is different than a SSN Trace, because it officially matches the applicant’s name, SSN, DOB and gender directly from the Social Security Administration (SSA).  It also cross-references this information with the Death Master Index (DMI) to insure the SSN is not that of a deceased person, adding yet another layer of protection from identity thieves.

The SSN Name Match uses a Consent Based Social Security Number Verification (CBSV) process with a web-based platform that returns your results faster and more accurately than our competitors who are merely faxing your request to the SSA.

SSN Name Match is available today for $15.00 with a 24 hour turnaround time.  See http://www.GObackgrounds.com/pricing.htm for details.

GObackgrounds.com has offices in Temecula, CA and Brookfield, WI and has been in business for 18 years as a licensed corporate investigations company specializing in employment background checks and due diligence for investment purposes.  For further details please see www.GObackgrounds.com or contact GObackgrounds.com directly at 1-888-GOBACK-1 ext. 83 | service@GObackgrounds.com.