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					                                      Litigation Intelligence Services, LLC
                                              76 Pleasant Pond Rd.
                                               Warner, NH 03278

                                                 jhealy@conknet.com
 Phone 603-746-4994                                                           Fax 603-746-4994




 ( Please see last page for resume/short form)


 BACKGROUND INVESTIGATIONS AND PRE-EMPLOYMENT INQUIRIES STATEMENT



"AN APPLICANT WILL ALWAYS PUT FORTH THEIR BEST FOOT - DON'T LET THE OTHER FOOT
CREATE PROBLEMS. A THOROUGH BACKGROUND CHECK WILL LET YOU KNOW PRECISELY
                             WHO YOU'RE HIRING"

NEGLIGENT HIRING

 It is amply clear, on well-established legal precedent that an employer will be held
 responsible for the on-duty, or job related, negligence/conduct of employees. There is also
 growing legal precedent for holding an employer liable for the intentional misconduct of
 employees, if it can be shown that the employer knew, or should have known, of any
 history, on the part of employee, which would suggest that they might engage in such
 misconduct.

 A trade article in the New York Times reported that more than 40% of resumes and
 applications submitted for employment in today's marketplace have either untruths or
 misrepresentations of previous employment, education, criminal history, address history
 and other misstated qualifications. Conducting a thorough pre-employment screening
 investigation may reveal some unforeseen facts:

 A simple state criminal check is NOT enough, if the applicant lived in other
 jurisdictions, and NOT all improper behavior is uncovered in a criminal record
 check.

 It is important to consider civil/bankruptcy and judgment filings as well, (at the State
 and Federal level) as they often contain information, regarding character and/or
 behaviors, found in lawsuits, that point toward fraud, financial problems, domestic
 assault/abuse issues, and other serious personal/character and behavior issues not
 uncovered as part of a criminal investigation.

 Not every victim presses criminal charges, and many, under certain circumstances,
 opt for civil action instead. This is most often true in cases of sexual misconduct.




                                         www.litigationintelligence.com                          1
                           Litigation Intelligence Services, LLC
                                   76 Pleasant Pond Rd.
                                    Warner, NH 03278

                                   jhealy@conknet.com
Phone 603-746-4994                                                    Fax 603-746-4994


Landlords have been held liable for hiring former convicts, who attacked residents of their
property. Employers have been held liable for hiring persons, with criminal histories, who
then injured fellow employees, in conduct of a type related to prior convictions or civil
problems.

The dilemma posed by increasing liability limits for improper hiring, and increasing
difficulties in obtaining comprehensive background information, is a source of anxious
concern for most asset protection professionals.

This same information, and other pertinent information, such as medical or family history,
if it pertains to executives, and other high level officials and if uncovered by outside
parties, can be used for blackmail purposes, to put pressure on executives engaged in
sensitive business issues such as sales/contract negotiations, patent and copyright issues.

Due to current economic conditions, the job market is highly competitive. Falsifying
applications, enhancing job experiences and misrepresenting salary has become
commonplace. A great deal of money is spent in the advertising of job openings in industry
today. Very little, if anything at all, is spent on pre-employment, or post-employment,
screening. Critical facts relating to an applicant’s education, and prior employment,
character and behavior can be developed, and verified, through a background investigation.

JUSTIFICATIONS

Rising workplace crime. Economic crime cost business, and ultimately consumers,
$120 billion in 1993. At 2 percent or more of the gross domestic product, economic
crime is on the rise and seems to be out of control.

Job candidate deception. Several studies indicate that application and resume fraud,
including false or exaggerated educational claims, are at all-time highs. Those applicants
with serious flaws in their work history or with criminal histories often look for ways to
cover them up.

The need to cut losses. Especially in hard economic times, employers cannot afford the
losses that result from poor hiring decisions. Higher turnover rates, internal theft, insurance
claims, loss of trade secrets, and losses due to employee-related litigation can sharply
increase as a result or incomplete or ineffective screening.




                             www.litigationintelligence.com                                   2
                           Litigation Intelligence Services, LLC
                                   76 Pleasant Pond Rd.
                                    Warner, NH 03278

                                    jhealy@conknet.com
Phone 603-746-4994                                                    Fax 603-746-4994


Criminal Records. According to the Department of Labor, 36 to 40 million people have a
criminal record. That is 1/4 to 1/3 of the entire U.S. workforce.

Traditional screening pitfalls. A job application, resume, and interview are not enough.
Using these tools effectively can screen out many people, but those best at deceiving also
make the best first impressions. Even calling the applicant’s previous employers is usually
not enough. Scared of a defamation lawsuit, many employers will not usually oblige the
prospective employer with useful information.

A thorough and competent approach is required. The depth of the screening is dependent
upon the employee’s role and position within the company any the company’s level of risk
tolerance.

For higher-level executives, researchers and those entrusted with financial
obligations, and proprietary information a more in-depth approach is called for. A
combination of both an inductive and deductive profile of the employee is a necessity.

In the case of executive protection, a detailed principal assessment including family and
personal current and past history, work and non-work related activities, travel and personal
behaviors allow the team leader to develop a more effective EP and travel scenario.

All individuals have interests and behaviors they prefer not to make public. In some cases
these things can compromise not only their safety but also that of the company and it’s
resources. There can be habits a family may not be aware of, or previous problems not
reported or discovered during a cursory screening.

If an executive is vulnerable to extortion, or other outside influences, this can be
detrimental to the company.

The Korem method is the industry standard for inductive profiling of an employee by way
or an oral interview. The Art of Profiling, Dan Koren (1997)

This should be backed up a thorough deductive profiling of the employee by verification of
his personal information, identifying information, background, history, and a thorough
screening of all sources of public records that could contain information relative to the
process.




                             www.litigationintelligence.com                                   3
                           Litigation Intelligence Services, LLC
                                   76 Pleasant Pond Rd.
                                    Warner, NH 03278

                                    jhealy@conknet.com
Phone 603-746-4994                                                    Fax 603-746-4994



Court decisions. The courts are increasingly upholding the Negligent Hiring and
Retention Doctrine. They are taking the position that the employer should make every
effort to ensure that the employee selection process is a reasoned and useful exercise, not a
process that culminates in an “intuitive guess.” Many employers have learned the hard way
about the liability they incur. when putting an unknown entity in contact with the public.

PURPOSE

Background investigations of employment applicants, or incumbents being considered for
significant promotion, or transfer, are appropriate and useful to:

1. Verify the accuracy and completeness of statements made by the candidate, or on an
application, in connection with the position.

2. Develop additional, relevant, information concerning the candidate, necessary to an
informed decision. The value of an objective and competent investigation is that it will
permit determination of facts not otherwise susceptible to reliable verification. In effect, a
properly conducted employment investigation assures that what the candidate has said
about his personal history, address history, and personal identifying information, and
qualification, is truthful and sufficiently extensive to allow fair evaluation of the
candidate’s suitability.

TYPES OF JOBS REQUIRING SCREENING

1.      When the job involves fiduciary responsibility, such as purchasing, accounting, and
health care, handling of children or handling of money or trade secrets.
2.      When the annual salary for the position is over $35,000.00.
3.      When the job requirements requires a college degree.
4.      When the job requires important decision-making responsibility that could have a
profound effect on the overall well being of the company.
5.      When the job requires the employee to represent the name of the company before
the public in an unsupervised setting, or the operation of a company owned or leased
vehicle.

Traditionally these are the areas that most employers consider when they decide to perform
background inquiries. It is my professional opinion, that any applicant, no matter the level
of responsibility, the amount of his/her salary, whether he/she has contact with people or
customers etc. should have a basic background check performed on them.



                             www.litigationintelligence.com                                      4
                          Litigation Intelligence Services, LLC
                                  76 Pleasant Pond Rd.
                                   Warner, NH 03278

                                   jhealy@conknet.com
Phone 603-746-4994                                                  Fax 603-746-4994


Performing a through background check shows due diligence on the part of the employer.


We recognize that companies, large and small, from the sole proprietor to the large
corporations that have Human Resource Departments, are performing background checks.

The questions is? Are they reasonable, thorough and complete, and do they show due
diligence?

LIS is your resource to assist you in accessing information. We offer the tools required to
assist you in the building of your background check, customized to meet your individual
needs. Utilizing the information gathered from the inquiries, made by LIS coupled with
your information, will show that every reasonable effort was made in verifying the
information provided by the applicant.




                            www.litigationintelligence.com                                    5
                         Litigation Intelligence Services, LLC
                                 76 Pleasant Pond Rd.
                                  Warner, NH 03278

                                  jhealy@conknet.com
Phone 603-746-4994                                                 Fax 603-746-4994

PRE-EMPLOYMENT SEARCHES

Driving Record/ Access varies by State
County Criminal Conviction History
Local Court Criminal Convictions
Federal Criminal Convictions: U.S District Court
Federal Civil Search
Federal Bankruptcy Search
Statewide Criminal Conviction History (Where available, not publicly available in all
states)
Worker’s Compensation Record
Education Verification
Professional License Verification
Address History /SSN/DOB Verification Report
National Address Locator
Civil Records Check


                            RECOMMENDED SEARCHES

Where the employer: “Knew, Or Should Have Known”, are the five key words that
could have the potential to come back in a liability suit, when addressing third party
injuries, as previously mentioned, and there has been prior criminal or other improper
behavior on the part of the employee. The only accurate way to ascertain this information
is utilizing the very basic searches listed below.

                       Address History/SSN Verification Report
                                   Driving Records
                             State Wide Criminal Checks
                            County Civil /Criminal Checks
                            Federal Criminal/Civil Checks




                           www.litigationintelligence.com                                   6
                          Litigation Intelligence Services, LLC
                                  76 Pleasant Pond Rd.
                                   Warner, NH 03278

                                  jhealy@conknet.com
Phone 603-746-4994                                                 Fax 603-746-4994

RED FLAGS

When viewing an applicant’s application form, there are times when RED FLAGS come
up. A RED FLAG is an inconsistency, such as missing time periods in employment history
or address history, in the information the potential employee has put down on his/her
application, or in the resume.

This is when additional searches should be conducted to verify the information. The
investigator will make recommendations to the client after reviewing the application.
Alternatively, if the client notices RED FLAGS LIS will assist in making reasonable
recommendations on the type of inquiries to be performed.


STATEMENT ANALYSIS
See lsiscan.com for details

SCAN, The Scientific Content ANalysis of written statements can easily be applied to
employment applications with a few minor alterations. This will help to identify applicants
who may have been less than truthful on the application. Mr. Healy has extensive training
in this area. A simple Questionnaire will be supplied, to be filled out by the employee as
part of the application process. $25.00




                            www.litigationintelligence.com                                7
                          Litigation Intelligence Services, LLC
                                  76 Pleasant Pond Rd.
                                   Warner, NH 03278

                                    jhealy@conknet.com
Phone 603-746-4994                                                      Fax 603-746-4994


COMMITMENT

LIS makes the strongest commitment in performing professional and confidential inquiries
to assist our clients in the background investigation process. We are very flexible and
willing to meet in person, communicate over the phone/fax, or via the U.S. mail. We will
provide our clients with the most comprehensive and accurate information available.

PRICE LIST

The price list lists price, and the COS (cost of search), in several areas. Because of
frequent changes in state and county repository fees there is an established rate and COS
for some state and county criminal checks, driving records and worker’s compensation. All
other searches are listed in a flat rate, with no cost of search.

           Administrative Cost: Per Individual..................................$25.00


Recommended for every background investigation, to verify information on application
and show “due diligence”.

                     SSN Verification, address history only: $15.00




                            www.litigationintelligence.com                                 8
                           Litigation Intelligence Services, LLC
                                   76 Pleasant Pond Rd.
                                    Warner, NH 03278

                                     jhealy@conknet.com
Phone 603-746-4994                                                   Fax 603-746-4994

NH State Criminal Record*                     $20.00+COS
Ot her St at e Cr i mi nal Recor d* *         $25. 00+COS
Count y Cr i mi nal Recor d Sear ch           $25. 00+COS

Dr i vi ng Recor d ( Hi st or y Onl y)        $35. 00+COS

Dr i vi ng Recor d ( Cer t i f i ed Copy)     $40. 00+COS

  or
W ker ' s Comp Recor d ( W ver ai             $35. 00+COS
r equi r ed)
Educat i on Ver i f i cat i on                $35. 00 per i nst i t ut i on
Pr of essi onal Li cense Ver i f i cat i on   $35. 00

Feder al Recor ds ( Ci vi l / Cr i            $35. 00
mi nal / Bankr upt cy

Check Par t i es Excl uded Fr om Feder al $55. 00
Pr ogr ams For Mi sdeeds or Fr audl ent
Act i vi t i es, and t he US Pat r i ot Act .

A pre-employment waiver must be signed by the applicant
*New Hampshire requires a written release form that has to be notarized. The form can be
supplied by this office.
** Not available in all states, if available may require waiver.
***Generally available everywhere, alternative to statewide search.

Criminal Records are most accurate when searched at the Court level. Most states have a
multi-tiered system, minor crimes, and misdemeanors being heard in a District Court and
Felonies being heard in a Superior Court.

Violations of Federal Law are prosecuted in the Federal Courts.

Not all indicators of improper behavior appear only in the criminal Court system.
Problematic events, not prosecuted as crimes are sometimes litigated in civil courts:
Domestic violence, Sexual Harassment, negligence, and liability and financial issues.

Additional Individual Searches and business Searches are available upon request.




                             www.litigationintelligence.com                               9
                          Litigation Intelligence Services, LLC
                                  76 Pleasant Pond Rd.
                                   Warner, NH 03278

                                   jhealy@conknet.com
Phone 603-746-4994                                                    Fax 603-746-4994



  Statewide Criminal Records are only available from the following States,
  without a waiver.
  Alabama
  Colorado
  Connecticut
  Maryland
  North Carolina
  New Jersey
  New Mexico
  Oregon
  Rhode Island
  Texas DPS
  Washington
  Wisconsin




Criminal Records can be obtained, statewide, in New Hampshire and the above states only.

All other criminal records must be searched at the County level in each state. We strongly
suggest an address history be run and not relying on the information provided by the
applicant alone.

This will only search the jurisdictions where the subject lived and you should
consider all contiguous jurisdiction if the applicant warrants it.

The FCRA states that criminal records can only be searched for the preceding seven
years for employment screening purposes.




                            www.litigationintelligence.com                               10
                        Litigation Intelligence Services, LLC
                                76 Pleasant Pond Rd.
                                 Warner, NH 03278

                                jhealy@conknet.com
Phone 603-746-4994                                              Fax 603-746-4994


           Recommendation for a basic NH employee screening “package”


1. Identifying Information verification and address history     $15.00

2. NH Statewide Criminal Record (covers 36 District/10
   Superior jurisdictions                                       $25.00

3. Federal Court (Nationwide) criminal check                    $25.00

3. Scientific Content Analysis of Application, using additional
   questions supplied by LIS                                    $25.00

4. Administrative Fee: Per individual                           $25.00


We strongly recommend a Driver History, if the subject will operate a company
vehicle.

The address history, in # 1 above, will provide previous addresses. If any of those
addresses were out of state I recommend checking the jurisdiction where the subject
resided.




                          www.litigationintelligence.com                           11
                          Litigation Intelligence Services, LLC
                                  76 Pleasant Pond Rd.
                                   Warner, NH 03278

                                   jhealy@conknet.com
Phone 603-746-4994                                                  Fax 603-746-4994


BILLING

Invoices for investigative services are due on receipt. We require a pre employment
waiver to begin.

POST EMPLOYMENT SCREENING

If question arise about an employee in the performance of his/her job, character, veracity,
life style or the need for further inquiries becomes apparent, these inquiries can be
performed in a confidential manner.

This is an area regulated by Federal Law. You MUST have a waiver on file, from the
employee, allowing for post-employment inquiries.

In order to initiate an investigation of an employee AFTER he/she has been hired you
MUST obtain that employees permission, unless this is accomplished in your pre
employment waiver. Your pre employment waiver should contain the words:

….consent to an investigation now or at any time during my employment

TURN AROUND TIME

Turn around times vary depending on they type of search, and the state in which it is made.




                                       Qualifications
 John M. Healy is a licensed, bonded, and insured, investigator. He retired from the NH
State Police at the rank of Lieutenant. He has extensive experience in the background and
     pre employment investigation of sworn and civilian law enforcement employees.
    Mr. Healy is the President, of the New Hampshire League of Investigators. He is a
    member of the National Association of Investigative Specialists, and has received
 certificates of achievement, from that organization, in Background and Pre-employment
         Investigations. Mr. Healy has over thirty years of investigative experience.




                            www.litigationintelligence.com                                    12

				
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