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PRESENTED BY:MICHELLE PYAN MBA
LICENSED PRIVATE INVESTIGATORPRESIDENT
COMMERCIAL INVESTIGATIONS LLC
BRINGING BACKGROUND TO THE FOREGROUND
AUGUST 29, 2011
CASE STUDY:ROBERT M NELSON
• Scientist• NASA v Nelson
– January 19 2011– US Supreme Court
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CASE STUDY:ROBERT M NELSON
• Quandaries– Do you implement
Questionnaires for prospective employees?
– Do you inquire about illegal drug treatment?
– How do you handle background investigations on contract employees?
• Implications– Confirms use of open
ended questions in background investigations
– Questions about drug treatment are constitutional
– Questions to third parties are constitutional because they are appropriate and pervasive
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CASE STUDY:ROBERT M NELSON
BRINGING BACKGROUND TO THE FOREGROUND
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CASE STUDY:ROBERT M NELSON
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CASE STUDY:ROBERT M NELSON
• Hindsight is 20 / 20– Cyber Investigation– Origin– Criminal – County, Statewide, Federal– Motor Vehicle– Civil – County and Federal– Education– Employment – References– Credit Report
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CASE STUDY:ROBERT E BOHNE
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• Deceased• Enviroclean v Bohne
– October 26 2007– Court of Appeals Fifth
District of Texas at Dallas
CASE STUDY:ROBERT E BOHNE
• Quandaries– Would random drug
testing protect your business from such liability?
– Should you implement a questionnaire asking about drug treatment?
– Do you have adequate insurance coverage to recover from such a case?
• Implications– Background
Investigations are a necessary component of being in business
– Drug testing is allowed for any business and a necessary component in most industries
BRINGING BACKGROUND TO THE FOREGROUND
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• Hindsight is 20 / 20– Drug Test– Motor Vehicle– Origin– Criminal – County, Statewide, Federal
CASE STUDY:ROBERT E BOHNE
BRINGING BACKGROUND TO THE FOREGROUND
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CASE STUDY:MICHAEL VICK
• NFL Player• Plead Guilty to Felony
Dog Fighting Charges
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CASE STUDY:MICHAEL VICK
• Quandaries– Is a previous criminal
conviction a permanent indicator of character?
• Implications– NFL Commission Had
to Allow Vick to Return to the NFL
BRINGING BACKGROUND TO THE FOREGROUND
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• Hindsight is 20 / 20– Origin– Criminal – County, Statewide, Federal– Drug Test
CASE STUDY:MICHAEL VICK
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CASE STUDY:JIM THORPE
• Professional Golfer• Plead guilty in
September 2009 to failure to pay $1.6 million in taxes
BRINGING BACKGROUND TO THE FOREGROUND
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CASE STUDY:JIM THORPE
• Quandaries– How will you react to
your employees actions while employed by your organization?
• Implications– What do you know
about your independent contractors?
BRINGING BACKGROUND TO THE FOREGROUND
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• Hindsight is 20 / 20– Origin– Credit Report– Criminal – County, Statewide, Federal– Civil – County and Federal– Cyber Investigation
CASE STUDY:JIM THORPE
BRINGING BACKGROUND TO THE FOREGROUND
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CASE STUDY:REX RYAN
• NY Jets Coach• Loves his wife’s feet
BRINGING BACKGROUND TO THE FOREGROUND
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CASE STUDY:REX RYAN
• Quandaries– How do you handle
the press?– What if you knew this
from a background investigations report reference? How would it affect your hiring decision?
• Implications– Employees actions
outside of work can affect your organization
– Personal lives are personal
BRINGING BACKGROUND TO THE FOREGROUND
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• Hindsight is 20 / 20– Cyber Investigation
CASE STUDY:REX RYAN
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CASE STUDY:MIKE HAYWOOD
• University of Pittsburgh Football Coach
• Charged with a felony (domestic violence)
• Fired before coaching one game
BRINGING BACKGROUND TO THE FOREGROUND
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CASE STUDY:MIKE HAYWOOD
• Quandaries– Is domestic violence
not as violent because it is domestic?
– Some domestic cases are sealed.
• Implications– Fired after an arrest
not conviction
BRINGING BACKGROUND TO THE FOREGROUND
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• Hindsight is 20 / 20– Origin– Criminal – County, Statewide, Federal– Cyber Investigation
What about -Continuous ScreeningRandom Screening
CASE STUDY:MIKE HAYWOOD
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CASE STUDY:TIGER WOODS
• Professional Golfer• Infidelity• Morals Clauses
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CASE STUDY:TIGER WOODS
• Quandaries– Should we have morals
clauses in our manuals and background investigations adjudications parameters?
• Implications– Associates, endorsers,
testimonial givers, moral compass vetting
BRINGING BACKGROUND TO THE FOREGROUND
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• Hindsight is 20 / 20– Origin– Criminal– References– Drug Test– Motor Vehicle– Cyber Investigation
CASE STUDY:TIGER WOODS
BRINGING BACKGROUND TO THE FOREGROUND
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CASE STUDY:PRESIDENT CLINTON
• Impeached but not removed from office
• He was acquitted by the Senate
BRINGING BACKGROUND TO THE FOREGROUND
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CASE STUDY:PRESIDENT CLINTON
• Quandaries– How do you deal with
no conviction, yet well known information?
– How does character affect job performance?
– Does it matter? Does it in some industries and not others?
• Implications– Match the skills to the
job– Cannot take “arrest”
information into consideration in some states and the EEOC greatly frowns upon it
BRINGING BACKGROUND TO THE FOREGROUND
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• Hindsight is 20 / 20– Cyber Investigation
CASE STUDY:PRESIDENT CLINTON
BRINGING BACKGROUND TO THE FOREGROUND
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CASE STUDY:TIM DONAGHY
• Pled guilty to betting on NBA games, including games he officiated
• Pled guilty to providing confidential information to others who bet on NBA games
BRINGING BACKGROUND TO THE FOREGROUND
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CASE STUDY:TIM DONAGHY
• Quandaries– What will be your
wake up call?– How do you vet your
high level “officials”?– Should you be
validating employee supplied data such as bios that are shared for company purposes?
• Implications– High Level “Officials”
can cause the most damage
– Where does the information you post about your employees come from?
BRINGING BACKGROUND TO THE FOREGROUND
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• Hindsight is 20 / 20– Executive Background Investigations
• Validates all resume and applicant details• Most extensive pre-employment background investigation
CASE STUDY:TIM DONAGHY
BRINGING BACKGROUND TO THE FOREGROUND
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CASE STUDY:SEUNG-HUI CHO
• College Student• Shooter in the Virginia
Tech Massacre
BRINGING BACKGROUND TO THE FOREGROUND
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CASE STUDY:SEUNG-HUI CHO
• Quandaries– Is court ordered
outpatient treatment at a mental health facility protected under HIPAA?
– How would such a court order affect your hiring?
– What is the Secret Service Shooter Profile?
• Implications– Federal privacy Laws– Prior Police Reports
(not convictions –arrest information)
BRINGING BACKGROUND TO THE FOREGROUND
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• Hindsight is 20 / 20
CASE STUDY:SEUNG-HUI CHO
BRINGING BACKGROUND TO THE FOREGROUND
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• Tucson Arizona Alleged Shooter
• Kicked out of Pima Community College
• Two Previous offenses• Member of the online
conspiracy theory “Above Top Secret”
CASE STUDY:JARED LOUGHNER
BRINGING BACKGROUND TO THE FOREGROUND
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CASE STUDY:JARED LOUGHNER
• Quandaries– Should you check all
new hires against military records for rejection?
• Implications– Cyber Investigations
can reveal questionable behaviors
BRINGING BACKGROUND TO THE FOREGROUND
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• Hindsight is 20 / 20– Cyber Investigation
CASE STUDY:JARED LOUGHNER
BRINGING BACKGROUND TO THE FOREGROUND
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RECAP
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QUESTIONS AND ANSWERS
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DISCLAIMERThe information provided in this presentation does not constitute legal or accounting advise. It is for information and discussion purposes only.
This presentation may not be reproduced without the written consent of the author.
BRINGING BACKGROUND TO THE FOREGROUND
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THANK YOU!Michelle L. Pyan LPI MBA
Commercial Investigations LLC
Licensed Private Investigative Agency
Offices in Harmony Florida and Cohoes New York
(800) 284-0906
michellepyan@commercialinvestigationsllc.com
BRINGING BACKGROUND TO THE FOREGROUND
Please Text Questions and Comments to 518-470-6813.