Is your screening program a "one-and-done" during the onboarding process? Do you have employees that have never had a background check? Or only had a limited background check? This webinar discusses the importance on an ongoing screening program, workplace violence and the legal concepts of negligent hiring and retention.
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Should I Be Conducting Background Checks on Existing Employees?
1. Should I Be Conducting Criminal Background
Checks on Existing Employees?
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3. Facilitators
Mike McCarty
CEO SHS
Metro Nashville PD
Domestic Violence
Division
Breaking the Cycle
iRefCheck
4. Why Are We Here?
We have employees who:
Have never had a background
check
Had a limited background
check
Have not had a background
check in more than 5 years
5. Background Screening is not…
A “one and done”
process
Background screening
must be an ongoing
process
6. Background Screening Reports…
Historical document
when completed
Candidate could be
arrested 1 minute after
report is complete and
it will not show
7. Recent examples….
Penn State
Syracuse
Employee discovered after
client accidently hit re-screen
button- felony arrest pending
Teachers aide sexual
molestation case 19yrs ago
Teacher accused of rape- had a
felony conviction while
employed- school did not
know
9. Due Diligence
The attention and care
made by a prudent or
reasonable person to
avoid harm to another
person or their
property.
10. Negligent Hiring….
If an employer hires someone
that they either knew or should
have known was dangerous or
unfit for a position and it was
foreseeable that someone could
have be harmed then they could
be sued for negligent hiring.
It is the "should have known"
that creates problems for
employers
How many employees have
never been screened?
11. Negligent Retention Doctrine
If employer becomes aware or
should have become aware of
problems with an employee who
demonstrated unfitness and
employer takes no corrective
action (investigating, reassignment
or termination).
It is not enough to just screen new
hires.
Due diligence must be exercised in
an ongoing safe workplace
program.
12. Recent Case Study Sept. 2011
Employer implements current
employee background screening
program w/ 578 employees:
42.1% hit ratio (average is 10-
12%)
250 felonies
489 misdemeanors
22 employees (including a
senior manager) terminated for
falsifying application (indicated
they did not have a criminal
record when they were hired).
13. How to implement an ongoing
screening program….
Requires policy change or
development:
Define business necessity
Define frequency
Define how it will be
implemented
All employees; or
% of employees monthly
starting with most senior
14. ATM Corp. of America vs.
Unemployment Board of Review
Employer implemented
new policy requiring
ongoing background checks
Employee refused to
authorize
After 3 attempts, employer
terminated
Federal courts upheld
termination as employer
articulated a business
necessity
15. Technology to make the process
easier…
ATS “paperless”
processing
Screening alert
16. Questions?
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ongoing screening program
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