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LEGAL COMPLIANCE: IMPORTANT!
As employers increasingly use indepth Background Investigations to screen prospective candidates, several employment law issues could result, in addition to further scrutiny by the U.S. Equal Employment Opportunity Commission. Since an arrest alone does not necessarily mean that an applicant has committed a crime the employer should not assume that the applicant committed the offense. Instead, the employer should allow him or her the opportunity to explain the circumstances of the arrest(s) and should make a reasonable effort to determine whether the explanation is reliable. Even if the employer believes that the applicant did engage in the conduct for which he or she was arrested that information should prevent him or her from employment only to the extent that it is evident that the applicant cannot be trusted to perform the duties of the position when
- considering the nature of the job,
- the nature and seriousness of the offense,
- and the length of time since it occurred.
This is also true for a conviction. Several state laws limit the use of arrest and conviction records by prospective employers. These range from laws and rules prohibiting the employer from asking the applicant any questions about arrest records to those restricting the employer's use of conviction data in making an employment decision.
For more information or to ensure that you are in compliance with this practice, CONTACT US today! CLICK HERE to see EEOC guidelines! At the end of the day, it is important to understand that there is no Federal law that clearly prohibits an employer from asking about arrest and conviction records. However, using such records as an absolute measure to prevent an individual from being hired could limit the employment opportunities of some protected groups and thus cannot be used in this way.
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Have you heard about some of our NEW service offerings?
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APPLICANT PORTAL - DIRECT LOGIN (no charge!)
Allows your candidates to have direct access to OUR PROPRIETARY WEB-BASED PORTAL! No more paperwork and its free!
CONSENT BASED SSN VERIFICATION
A great supplement to the existing name/ssn search,
this is great for Identity Theft/Verification. The submitted information is matched against SSA's Master File of Social Security Numbers. Matching elements include: SSN, Name, DOB, Gender Code and death status. Click HERE to read our exclusive BLOG on this & other great topics!
ENHANCED REFERENCE/EMPLOYMENT VERIFICATION
Over 22 questions asked of each reference, over 85 percent success rate in response/compliance. Save time and outsource this process to us. For a list of questions asked/typical responses, contact us today!
WEB PRESENCE DILIGENCE (PRE/POST EMPLOYMENT)
How much do you really know about your candidates/employees? Does their web-presence (all sites, including facebook) contain any information that could be influential in your hiring or continued employment decision? Contact us to learn about this NEW, FCRA compliant service!
INFINITY SCREENING
Recurring screening of individuals at various levels to ensure that due-diligence is met, not only at the onset of employment, but throughout the course of employment
I9 VERIFICATION
POST-HIRE solution to help verify work-eligibility
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| SOCIAL NETWORKING: FTC RULING!
There has been a lot of industry chatter about the use of Social Networking as a means to perform a background investigation. Many employers often times will conduct their own searches, or solicit the services of outside firms to help with identifying a Social Networking Presence. The fears that have been instilled in employers are legitimate; what would happen if information is developed - could it be used as a deterrent for employment? The FTC issued a letter recently which affirmed that the research may be conducted and may be utilized to conduct background investigations as long as the FCRA (Fair Credit Reporting Act) and other proper guidelines are followed (including Freedom of Speech). This is an important step in the changes occurring in the Background Investigative Industry and Technology. The issue involves ensuring that any information developed is properly vetted and should it be used in making an employment decision; that the proper rules/guidelines are followed to ensure compliance. |
AWIG welcomes Dave Sanders!
Mr. Sanders brings over 20 years of sales and business development experience to Alliance. In his new role he will be focused primarily on working with organizations to help in their Risk Mitigation Strategies. Alliance Worldwide Investigative Group, Inc. is a full service corporate investigative services firm helping companies nationwide in reducing losses through thorough due- investigation practices. Alliance also has two other divisions; one which works with Insurance Carriers and Employers in Workers Compensation and other Insurance Fraud and the other (Avvocato Litigation Support International) which provides Service of Process/Legal Support for Law Firms Nationally. Mr. Sanders is a 1992 graduate of Siena College. |
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Background Investigation Tips / Questions Corner!
Should a Background Investigation be conducted contingent upon a Job Offer? There are many arguments pro and con to this. From our experience and that of our clients, it is always best to not have a job offer contingent upon just one item, including a Background Investigation. A Background Investigation should be only ONE of the steps taken before a candidate is approved for employment, therefore you should conduct investigations on your top prospects and not the last candidate standing!
VERIFY IDENTITY DURING INTERVIEW PROCESS!! Be sure to ask a candidate for proof of identity and if possible secure multiple sources - similar to what would be done post-hire. This helps narrow down the background investigation.
Have a question that you would like to see answered in our eblast? CLICK HERE to submit!
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TSA workers seeking 'secret' security clearance face new background checks
Hundreds of Transportation Security Administration employees have until today to provide information for a renewed background check under an agency requirement that they have national security clearance. The requirement is intended to ensure that supervisors and screeners who could have direct contact with terror threats are authorized to receive classified information. CLICK HERE for more information on this article! |
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Did you know about our other two divisions?
Insurance Fraud/Workers Compensation Fraud - Offering Surveillance/Workers Compensation Fraud Investigations throughout the US! Have a claimant out on Workers Comp, Contact us today!
Avvocato Litigation Support - Offering Complete Process Service and Litigation Support for Attorneys, Globally!
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About Us..
Privately owned and founded in January 2005, Alliance Worldwide Investigative Group, Inc. has grown into a national/international investigative firm, specializing in meeting the needs of corporate professionals on a global basis. The firm is comprised of two divisions; Corporate/Background Investigations and Insurance Fraud Investigations, serving the needs of businesses in several areas. In addition Alliance maintains an affiliate firm - Avvocato Litigation Support, International Inc. which works with attorneys/law firms in all forms of legal support. For additional information, visit us at www.allianceinvestigative.com. |
