Criminal Check Implementation OOPS-thoughts?

deniseE

I'll also do a search on this, but I wanted to put it out here for commentary...

We just finished drafting a Criminal Background check policy geared toward new hires (they are advised on the application that we will be doing this)...somehow...this was done for the existing workforce without notification. Many EE's have been questioned about items that came back on the search and told that "we'll get back to you when we decide what to do"....

1. How do we fix this?

2. What steps should have been followed for implementation? I have some ideas, but I want to be able to go back to my superiors with more documentation.

Thanks Everyone....happy friday!

cthr

I would check your state law regarding criminal background checks, but it is generally required that you have the person's permission to do so. Also if you used a third party to conduct your background checks you need to apply the FCRA standards.

Don D

If I made this giant screw up, I would contact our attorney immediately, if not sooner! Someone will be burned at the stake over this!

lynn2008

1. Be sure the information does not get in the hands of management, or even additional HR Staff. Many managers could not handle the information intelligently.
2. As others suggested call your attorney.
3. If it has or becomes public knowledge this was done, immedicate accurate communications to all employees on how the information is being disposed of is critical. Do not "dilly dally" around, as mother used to say!
4. Hope your background was clean!

Good luck, let us know how it was handled.

WOCO Frank

Do you have consent forms signed by the existing employees?

deniseE

No consent forms from existing EE's- There is a box on our application that asks if you've ever been convicted of a felony....and it seems that those called in so far have either contradicting information on the application/background check..or they left it blank.

Internally, we seem to be having a difference of opinion about this matter. We are an at-will state, so some think that the actions are appropriate.

WOCO Frank

Are there any statements on the application regarding your intent to verify the information given?

deniseE

nope.

Parabeagle

Call your lawyer. As another poster has said, if you had a third-party do the background checks, an informed consent that complies with FCRA standards must be obtained. We have never done background checks (even on our own) without getting separate, informed consents in addition to the boilerplate consent on the application form.

SandiF

Wow. This is not good. We recently implemented background checks - with written permission from the applicant. When it was suggested we do checks on our current employees, I highly recommended that we didn't. If I were an employee being checked,(especially a long-term one), I would be very insulted. This would not have been good for morale.

Good luck.

deniseE

Thank you...our attorney is involved...and we'll just see how this falls...

I appreciate the backup....

WOCO Frank

>>If I were an employee being checked,(especially >>a long-term one), I would be very insulted. >>This would not have been good for morale.



Because of state regulations that require our employees to be relatively "clean", we do checks on existing employees on a regular basis. Because they all know it up front, and because we don't single anyone out, it's no big deal.

SandiF

Frank,

In that case, it's expected, and that's ok. For us, it was brand new.

Sandi

deniseE

None of our employees were told that this was being done. They were just pulled into HR one day and questioned about whatever came up.

I wasn't involved in the process and didn't realize it was happening...EE's that had meetings were instructed to "not say anything" as it was "in their best interest" to keep the investigations quiet.

The whole thing is just creepy to me.

HRsage

[font size="1" color="#FF0000"]LAST EDITED ON 11-26-03 AT 11:37AM (CST)[/font][br][br]Denise, how did the company obtain the info on your employees? If a third party provided them then FCRA rules apply. Many companies and managers for some reason think that FCRA is only for credit checks but it's clearly not.
If you do a google search for FCRA or FCRA PA you will get an abundant amount of info stating the rules and regulations that companies need to follow. You can also go to the FTC website and print out the portions of the act the apply to this.
This isn't just an HR recomendation that they're dealing with, it's a Federal Law. You might need to find a way to equate it into dollars and cents for them to understand. Good luck.

Don D

WOCO: What kind of business are you in that requires periodic background checks on current employees? What would constitute grounds for dismissal and are employees aware of the list of sins? Speeding, reckless driving, DUI, assault, disorderly conduct, littering?

deniseE

The policy, as written, is not clear...leaves a lot open.

we do have ee's that drive company vehicles, although few that actually NEED to as an essential job function.

we also have a payment processing center and certainly want to be careful not to hire ee's that have been found guilty of theft or fraud in the past; however, these investigations should have been done before hiring....

from what i've seen, this is a full sweep.

marc

It all seems a bit over the top to me. If there are not valid, business reasons for the checks, and if the employee approvals are not in place, then your company appears to be in violation of the FCRA.

One complaint from an EE might bring the whole house of cards down on the company. I do not know what kinds of penalties, fines, etc you could be facing, but if you needed a bottom line reason to derail this gestapo-like project, that might be a place to do a little research. Civil courts could be even more costly.

Yikes! Might be time for senior management to pull their heads out of the sand and look around.

WOCO Frank

>>WOCO: What kind of business are you in that requires periodic background checks on current employees?

We own and operate a chain of convenience stores, among other ventures. The vast majority of our employees are retail cashiers who must ring up alcohol and lottery.

Missouri liquor control regulations prohibit us from allowing employees who have felony convictions of any kind, or several other offenses that are related to alcohol, to be involved with the sale of alcohol. Lottery regulations impose similar restrictions. As a result, we screen out applicants with convictions and periodically check existing employees for new convictions.

Of those employees who are not retail cashiers, most handle cash or deposits routinely, or fall under DOT and Homeland Security guidelines. We check them too.

I imagine our Forumites working in the gaming industry have similar procedures.

larobinson

Our organization does background checks on most employees. any employee that has access to children must clear a background check. This requirement is listed on the position description and the question is asked in the interview about convictions and willingness to submit to a criminal background investigation. The person then must sign a release form and fill out backgound check information. Human Resource staff had to have a background check prior to being allowed to view other employee's background checks. There is written procedure on what is acceptable for the nature of each position.

The way that the checks were done previously, may have been based on a signed release to check backgounds on the actual application.

Our application has a section that states: "I hereby give my permission to thoroughly investigate my references, work records, education and other matters related to my suitablility for employment and, further authorize my current employers to disclose to the company any and all letters, reports and other information pertaining to my employment with them without giving me prior notice of such disclosure. In addition, I here by release (name of our company), my current and former employers, and all other persons, corporations, partnerships and associations from any and all claims, demands or liabilities arising out of or in any way related to such investigation or disclosure." This statement is followed with a signture and date line. We use this statement when requesting reference checks.

There is also a second section on the application that the employee must sign which states: "I certify that, to the best of my knowledge, all of my statemenst are true, correct, complete and made in good faith. I understant that any false statement on this application may result in my not being hired, or in my dismissal. I further understand that this application is not intended to be a contract of employment, nor does this application obligate the employer in any way if the employer decides to employ me. I consent to the release of information concerning my personal history that I have listed on this application. This inquiry, if made, may include information as to my character, general reputation, personal characteristics and mode of living. I release any person, firm, or institution from all liability form any damage for issuing such information."