Category: Criminal Record Check

Negligence Hiring

Philosophers would tell us that man is naturally selfish. And so many of the evils in the world has its root in man’s selfishness. Some scholars, especially idealists; have tried to refute the claim and posit that there is good in the heart of man. Whether it is true that man is full of selfishness or not is subject to debate. But what is not is that there is evil in the world. It is obvious and cannot be denied.

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We can all see how evil prevails in many instances. That is why it is important that we protect ourselves from the evil that men do. It behoves on us the need to be cautious and not take everything as face value because whether we like it; or yes, more often than not, there is more than meets the eye. It is necessary to check and make sure we are on the right path in whatever decision that we take.

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Especially as it relates to man. In the same vein; a company would be gullible to take recruiting or hiring with levity. They would be taking serious risk if they do not rely on more than the information given to them by its applicants. This is where the issue of negligence hiring comes in. In the case of recruitment, many people have lied about themselves or exaggerated their qualifications. Even when they know there is a high risk attached to the position they are applying for; they go ahead with it and it can be dangerous to themselves and others. Thus, it is the duty of the employer to make sure he or she is not caught hiring negligently.

WHAT IS NEGLIGENCE HIRING?

For a layman, negligent hiring would be defined based on the two words that make up the term to probably mean when an employer hires without a thorough check on the employee. A layman would not be far from the definition; even though the definition above does not perfectly capture what the term means. Negligence hiring is actually a legal term or situation whereby an employer can be sued for an employee’s untrustworthy character or unskillfulness because it is expected that the employer should have known whether the employee is indeed fit for the particular position or not.

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Employers are expected to follow certain procedures and processes to make sure that they do not employ someone who would end up putting the organisation or the lives of the organisation’s customers or other employees in jeopardy. If the organisation cannot be bothered to find all these before employment, it can cause serious damage to the particular organisation and ignorance might not be excused because it is expected that they know everything necessary about their employees. The situation, whereby people think it is only fair that they commit a crime that they have already been accused wrongly of, works here. If it expected of the employer to do a major routine check, it would be expedient that employers see that nothing stops them from properly checking their applicants before employment.

WHY PEOPLE SHOULD DO A BACKGROUND CHECK BEFORE EMPLOYMENT.

Based on what we have been saying above; it is clear that there are many reasons why an employer should not avoid background checks. Background checks would help avoid all unforeseen contingencies. Sometimes, some organisations do without it because of the resources and time it would consume. But the point of it is that at the end of the day; it would save them from unnecessary heartaches. Just like a candidate who has an examination to prepare for has nothing to lose by preparing thoroughly; so does an employer have nothing to lose at the end of the day by checking thoroughly people they desire to employ to their organisation.

1. It is expected as an employer’s duty:

   One of the major reasons why it is important for an employer to conduct background checks is because it is expected of them. It might be difficult to exonerate oneself if that employee causes trouble in future. The person suing and the government would assume that the employer knows the employee has such questionable character or is unfit for the job as the case may be. So, as already stated above; the wise thing to do would be to do a thorough background. This would help avoid being faced with issues that would otherwise have been avoidable, had the right processes being carried out.

2. For selecting the right person fit for the position:

   Background checks helps hiring managers or human resources to make informed decisions on who to employ for a particular position. In a situation where there are many applicants and the hiring managers are finding it hard to make a decision; background checks always come in handy. Even if their qualifications and skills are the same; their attitude to work and character cannot be the same. Furthermore, something in the past can be used as the final benchmark to make an informed decision or who to hire and who not to.

3. To employ the qualified candidate:

   Similarly to the above point, background checks also aids organisation in hiring the right person for the right position. A lot of companies have made the mistake of hiring the wrong person who seemed to have the right qualifications because of the information provided during interview. If they had done a background check, they would have been able to point out the truth. So, background checks are the way to go to confirm the right candidate for the position.

4. Confirming the applicant’s information:

   Many applicants have been known to lie on their curriculum vitae and their interviews or exaggerate facts if they think that that would get them the job. Some of them, even knowing the risks attached to the position, still go ahead with the lies. The prevalent unemployment issue might be blamed for this desperation but what that implies for the organisation is that they need to tighten their belts. They cannot sit down comfortably and take the information provided by the applicants at face value, they have to check deeper to know what they would be getting into. It is crucial to the success of the company.

5. To protect the organisation:

   As stated earlier, there are many people who are so selfish they would do anything to achieve their aim. They practically don’t care how they achieve it. So they would go to high lengths to cover their lurking pasts or whatever character they have. This is why an organisation cannot allow itself to be gullible and rely on whatever the applicants say or submit in their curriculum vitae during the interview. The organisation has to make sure they do a thorough job in checking the background of these applicants so they do not cause trouble in the future.

6. To help prevent issues lawsuits and guilt of negligent hiring:

   Many organisations are faced with lawsuits that they could have avoided should they have done thorough and proper background checks. Lawsuits like sexual harassment, murder, theft, rape have beheld a lot of organisations due to lack of background checks. And on the basis of negligent hiring, they have been found guilty. To avoid situations like this, the organisations should take background checks serious. Realistically though, it is possible not to touch every aspect of the applicant’s life or find everything that should be found but if the background check is done properly, chances are slim and at least, if nothing, chances of lawsuits against the organisation would be greatly reduced.

7. It helps improve working environment:

   When a violent person is hired to an organisation, obviously, he or she would make the working environment uncomfortable for the others. But when an organisation makes sure that they employ people with wholesome characters through thorough background checks, the workplace would be enjoyed by all. And usually, when the employees are happy, the organisation is happy. After all, it is only happy people that can produce quality service. So, the organisation would be gaining a lot by making sure of the kind of people it hires.

THE KINDS OF CHECK YOU NEED TO RUN TO AVOID NEGLIGENCE HIRING

• Criminal background check on potential employees: This would help identify people with issues of violence, sexual assault, rape, murder and a variety of other issues.
• Employment and personal references: The point of checking this is for corroborating the information provided by the applicant. This would also reveal any hidden character problem that the applicant has that can hinder with his or her job in your organisation.
• Verify academic qualifications: Many applicants have been found to lie about their academic degrees. So you would need to check with the schools or institutions they claimed they attended to make enquiries.
• Medical records: This is usually requested for after the company decides to employ the particular person(s). But some cases might be specific in some other occupations. You might need to perform drug screening in specific industries, and require physicals in some other occupations.
• Driving records for certain occupations where the employee would be expected to drive.
• And other checks that you would find useful for the smooth running of your organisation.
  

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Many organisations employ experts to do the background checks for a more professional job. But if it is a small company, it can still be conducted by the company themselves. The major thing is that background checks should not be neglected, it is too risky.

 

Dipo Umoru

dipo@klinsheet.com

07014636348

Verification Consultant – Klinsheet Consulting

The world is a global village and nobody is an island without needing someone. A lot of people have however taken advantage of the connectivity that globalisation accord to take their shady business and unscrupulous activities to a wider audience. Therefore, background check service has become more widely popularised; as a lot of people are now becoming more cautious about the people they interact with. It should not be that surprising as usually, when there is a problem; man seeks to find a solution. It is pertinent that one acquaints oneself with one of the solutions of our present age … background check.

WHAT IS A BACKGROUND CHECK?

A lot of people still surprisingly do not know what background check is. Even though they do, they are not readily welcoming to the idea. But background check in simple terms; saves a lot of people from unnecessary heart ache and making the worse mistakes they could ever make. There are just too many fake people out there who have learnt the act of presenting themselves in the way that is acceptable. But the problem is they are not who they say they are; or even in the same league as who they say they are. Background checks, according to the term, entail looking up; searching; and finding out the details of a particular person or a particular organisation. It is simply going back to the individual’s or the organisation’s history to look up either what they submitted as their details or unavailable details.

IMPORTANCE OF BACKGROUND CHECK

Many people do want the best for themselves or their organisation as it relates to employment, however most couldn’t be bothered to go through background checks either because they do not recognise the necessity or due to limited time and resources. The irony of it all is that at the end of the day, the resources and time spent doing background checks might be very minimal compared to what would be lost in one fell into the wrong hands. It might become a “penny wise, pounds foolish” situation. There are many reasons why investing in background checks is important, it might be too risky not to.

1. To confirm if the information provided is true:

   As explained earlier, a lot of people have found a wider audience to spew their shady business to, therefore, it becomes necessary for each individual to check whether the information someone provided you is correct. In this social media age where many transactions and relations are done online, it is important one checks the information provided to see if the person is who he or she says he or she is. Many people have complained have been conned of both time and money. If they had just taken the time to do more background check, they would have been safe from falling victims of the villains.

2. For protection:

   Closely related to the point above, looking up details and other information about people protects from all kinds of heartaches. A lot of people would be better protected if they were not so trusting. That is not to say there are no good people on earth but there also a lot of bad ones. One of the ways to divide the good from the bad is to do a background check. There is nothing to lose from being cautious and if they turn out to be right, so be it.

3. You would be able to relate without doubts:

   When you do not trust someone or know whether to trust them, the way you treat them is usually different from the way you treat the one you have even a certain amount of trust for. It would not do you or the second party any good if you both are dealing with each other without trust for the other. It would affect the smooth running of a lot of things. For instance, two people who want to go into a relationship or a business would have problems if trust is not present. If you have done a background check, it would help you put your mind at rest and concentrate on the business you should be doing.

WHY BACKGROUND CHECKS ARE IMPORTANT IN RECRUITMENT?

There is probably no instance where background checks are popular as in recruitment. Organisations want to make the right decisions when it comes to who to hire. This is not so surprising when we consider what they would lose if they make mistake in hiring the wrong employees. The employees of an organisation can either make or mar the organisation; it therefore rests on the hiring managers or human resources department to look up further details of their applicants or potential employees so as to make informed decisions.

1. To know the person:

   Background checks provide the organisation with enough information to show them the kind of person the potential employee is. Background checks provide adequate details so as to make informed decision.

2. To identify fitness for the job:

   A lot of people have been found to lie during their interviews. They say a lot of things that are not; because they know that is what the hiring managers are looking out for. A thorough background check would help provide the employers with the truth on whether the applicant is fit as they claim to be or not.

3. To identify potential hiring risks:

   It is pertinent to go into any transaction with one’s eyes opened. Even if the employer would end up giving the job to a particular applicant; they would do that, informed of whatever risk they could encounter by employing that particular person. When they know what they could encounter; then they could work on it or know what to do when anything happens.

4. To identify if the person is the best candidate:

   Background checks might be beneficial for a hiring manager who is faced with the decision of choosing the best candidates. Jobs are getting harder to get and as a consequence; many people usually apply for a job that might just be available for one person. This could pose to be difficult for the hiring manager. Conducting a background would most likely give the employer more information that could aid his choice.

5. To protect the Organisation:

   For the sake of protecting the organisation and the employees from the wrong set of people; a background check is crucial. Conducting background checks would protect the employer from employing the wrong person that would cause problem for the organisation. For instance, through embezzling of funds or prevent them from employing a drug addict from sensitive positions that the addiction could affect.

6. To avoid liability:

   It is also necessary to do background checks so as to avoid liabilities. There are specific vocations that could cause organisation liability if a proper background check is not done. For instance, if the job entails driving a lot of people; in order not to get a lawsuit on their hands; the organisation can check whether the applicant is actually a good driver and if he or she had had accident case(s). If yes, the details involved.

TYPES OF EMPLOYMENT BACKGROUND CHECKS

There are many types of background checks that could be conducted to make informed employment decisions.

• Academic: This entails looking up the institutions that the individual claimed they attended and finding out if they indeed got the academic qualifications listed.
• Previous employers: Previous employers would provide information about the position the person occupied and whether or not he or she performed well. They could also provide information on the general conduct of the person. You need to put in mind though that if they didn’t part in good terms; the previous employer might not provide accurate information on their conduct.
• Guarantors: These are basically the names the applicant would put down as those who can stand for him or her that the information he or she provided are accurate. You could question them to see if they can corroborate the applicant’s story.
• Address confirmation: Some people who are probably hiding something provide the wrong address. So it is necessary to check to see if they live where they said they do.
• Criminal check: Criminal check can be beneficial as it helps the employer know if the applicant has any past criminal charge that can affect the position or the organisation.
• Reference: References are sometimes used interchangeably as guarantors. They could be looked up to see if they corroborate the applicant’s story and can stand for him.
• Online Background Check: Social media has made background check relatively easy. Many organisations check the profile and timeline of the applicants on social media sites. You can know a lot about people from their profile and timelines.

WHY YOU NEED A BACKGROUND CHECK SERVICE (AS AN EMPLOYER AND AS AN INDIVIDUAL)

Some people or organisations might not have the time to do background checks and even though they have the time to do it, they might not know how to go about it or how to do a thorough job. The purpose of background checks would be defeated if you don’t do a thorough job. This is where background check services come in.

• First of all, they are experts.
• They have the time
• Furthermore, they have the experience
• They do a thorough job.

A background check does save one from bad business and heartaches.

 

To know more about our background check service, contact:

Dipo Umoru

dipo@klinsheet.com

07014636348

Verification Consultant – Klinsheet Consulting

Despite their importance in the employment screening process, background checks are often subject to myths and misconceptions. Some of the misconceptions are harboured by employees. Others are harboured by job seekers. Most are based on a basic misunderstanding about nature, process or laws surrounding Pre-Employment Background Check.

To fully appreciate the importance of background checks, it is important to debunk the main misconceptions around them.

The 6 common pre-employment background check misconceptions are the following:

A Criminal Record Means No Hire

Both employers and job seekers tend to have this misconception. Most recruiters think that by virtue of having a criminal record, an applicant shouldn’t be hired. Most job seekers also think that a criminal record means they won’t get hired.

The reality is seldom black and white. For starters, the Equal Employment Opportunity Commission (EEOC) places certain restrictions on when criminal records can be used to deny employment. One EEOC requirement is that the nature of conviction must directly affect the nature of the job. For instance, a DUI may disqualify someone applying to be school driver; but it cannot be grounds for disqualifying a would-be accountant.

Also, as most employers have realised, background checks sometimes return false results. Therefore, rushing to make decisions can lead to lawsuits. As such, most employers now offer applicants an opportunity to clarify their criminal records. In some cases, such a clarification can tilt the tide in the applicant’s favor. The bottom line is that a criminal record doesn’t automatically mean No Hire.

Applicants Are Powerless

Most job applicants believe that they are powerless when it comes to background checks. They think that employers hold all the cards. In fact, some employers also think that job seekers have are powerless.

This couldn’t be further from the truth. The Fair Credit Reporting Act (FCRA) gives job applicants a lot of power. For instance, a background check cannot be carried out without the applicant’s permission.

Also, FCRA mandates that, when the background check leads to a “no hire” decision, the employer is supposed to explain to the job applicant in writing, why the decision was taken. An applicant is also entitled to a copy of the background report, and can even challenge the contents.

The EEOC places restrictions when criminal background checks can be used during the hiring process. Many state “Ban the Box” laws place similar restrictions. A job seeker is allowed to sue any employer who conducts background checks outside the bounds of the law. Basically, job seekers aren’t as powerless as they imagine.

All Background Checks Are The Same

This misconception is common among employers. In fact, it is often perpetrated by vendors of cheap background check services. The goal of such vendors is to convince employers that their services are as good as the more costly ones.

However, this is a fallacy. For starters, there are different types of pre-employment background checks e.g. criminal background checks, education verification, employment verification, and sanction checks. These are clearly not the same.

Even for the same type of background checks, the results are rarely the same. Take criminal background checks for instance. There are numerous sources of data e.g. national crime databases, FBI fingerprinting, state crime databases, international databases (e.g. INTERPOL’s database), court records, and even the DMV (for traffic crimes records). Not all vendors look into all these sources of data.

The bottom line is, not all background checks are the same. The checks are conducted depending on their intended purpose. Also, each vendor has their own approach to background checking. As a result, two background checks on a single individual can yield very different results.

Having No Previous Conviction Will Lead To A Clean Background Check

This misconception is common among job seekers. Some employers also harbor it. The assumption is that if someone has never been convicted, any criminal background check on them will be clean.

However, background check results sometimes reveal criminal records – even for someone who has never been convicted. There are two possible explanations for this. First of all, a background check can sometimes yield someone else’s criminal records – often someone with a name similar to the applicant. This is similar to the scenario in which innocent people sometimes find themselves on the “No Fly List”, simply because their names resemble that of a terrorist.

The second possible explanation is identity theft. An applicant may have been a victim of identity theft and not even know it. Someone may have stolen their identity and used it to commit crimes.

The bottom line is that a background check can reveal criminal records for someone who has actually never committed a crime. This is why employers are often cautioned to give applicants an opportunity to clarify the information in the background checks. Applicants are often urged to commission background checks on themselves, so that they can see what information comes up.

Lying In A Résumé Can Cover Up Background Information

resume liesSome job applicants think that they can throw background screeners off-track by lying in their résumés. This is common among those who had not-so-good experiences with previous employers. It is also common applicants those which criminal records.

This approach may actually work if the background check is carried out by a sloppy vendor. However, any decent vendor will unveil the truth, and the applicant will be guaranteed not to get hired. The reason for this is simple: some employers can give even someone with a criminal record a benefit of the doubt. Almost no employer can even consider hiring someone who lied in their résumé.

Social Media Profiles Are Off-Limits For Background Checks

This is a common misconception especially among job applicants with unsavoury online habits. They assume that recruiters won’t check out their social media profiles. Although this may have been true in the past, recruiters are now sensitive about employees’ online behaviour. They know this can impact their brand in one way or another.

Currently, most background checks focus on criminal records, education or previous employment. However, some recruiters now ask background vendors to comb through applicants’ social media profiles. Any questionable behaviour such as abusive or profane posts and indecent pictures or videos can cause them to reconsider their hiring decisions.

In a nutshell, those are the six most common pre-employment background check misconceptions. For employers, some of the misconceptions (e.g. about criminal records and the power of applicants) can create avenues for getting sued. For job applicants, some of the misconceptions (e.g. about lying in resumes, and social media profiles) can cause them to engage in behaviours which can reduce their chances of getting hired. Therefore, both employees and job seekers need to seek factual information about pre-employment background checks.

Author: Brett McIntyre

 

Dipo Umoru

dipo@klinsheet.com

07014636348

Verification Consultant – Klinsheet Consulting