Should I Be Conducting Criminal Background Checks on Existing Employees?

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Facilitators

Mike McCarty CEO SHS Metro Nashville PD Domestic Violence

Division Breaking the Cycle iRefCheck

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

Background Screening is not…

A “one and done” process

Background screening must be an ongoing process

Background Screening Reports…

Historical document when completed

Candidate could be arrested 1 minute after report is complete and it will not show

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

Legal IssuesWorkplace Violence 572,000 nonfatal violent crimes

(rape, robbery, assault) in 2009 35% decline 2002-2009

Contributing Factors: Post 9/11 focus on safety &

security Security policies & procedures Comprehensive background

screening

Due Diligence

The attention and care made by a prudent or reasonable person to

avoid harm to another person or their

property.

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?

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.

Recent Case Study Sept. 2011Employer 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).

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

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

Technology to make the process easier…

ATS “paperless” processing

Screening alert

Questions? Use chat box Sign up for blog: info.safehiringsolutions.com Email or call for assistance implementing an

ongoing screening program

Thank You for Participating