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Austin Marketing Syndicate



   Ensuring a Positive
   Background Check
          March 3, 2011
        Lynn M. Campbell
Ensuring a Positive
       Background Check
You are in the queue!!! Now what?

   Background check information
   Resume’s truthfulness
     Dealing with the gaps
   Does your information align in all your documents
    and profiles?
Ensuring a Positive
    Background Check
 Background Checks
   Why does an Employer Conduct a Background Check?
   What Is Included in a Background Check?
   What Cannot be in a Background Check Report?
   Who Conducts Background Checks?
   Fair Credit Reporting Act and Background Checks
   FCRA Update: Workplace Investigations and Annual File
    Disclosures
   Background Checks and Your Credit Report
   Investigative Consumer Reports - What Will Your Neighbors
    Say?
   How to Prepare for a Background Check
   Resources
Ensuring a Positive
    Background Check

 Why does an Employer Conduct a Background
  Check?
   Negligent hiring
   Current Events
   False or inflated information
   Federal and state laws
   The “information age”
Ensuring a Positive
                Background Check
       What is Included in the Background Check?
          44% of employers check social networking sites
          Range from Social Security verification to personal
          acquaintances

Driving Records      Vehicle               Credit Records      Drug test records
                     Registration
Criminal Records     Social Security no.   Education records   Past employers

Court records        Workers               Bankruptcy          Personal references
                     compensation
Character            Neighbor interviews   Medical Records     Incarcerations
References                                                     records
Property ownership   Military records      State licensing     Sex offender lists
                                           Records
Ensuring a Positive
    Background Check
 What Cannot be in a Background Check Report?
   Fair Credit Reporting Act (FCRA) sets national
   standards that guides consumer reporting agencies but
   not background checks done inhouse
   Some states have stronger laws that guide this, such
   as California
   FCRA limits:
      Bankruptcies after 10 years
      Civil suits, civil judgments, records of arrests from date of
       entry after seven years
      Paid tax liens after seven years
      Accounts placed for collection after seven years
      Any other negative information (except criminal convictions)
       after seven years
      None of the above applies for jobs over $75,000 annual
Ensuring a Positive
    Background Check
 What Cannot be in a Background Check Report?
   Additional laws regarding
      Arrest information
      Criminal Records
      Workers compensation
      Bankruptcies

   Questions on an application
      It can be asked but if over 7 years it can’t be “reported”

   Personal Confidential Records
      Education Records
      Military service records
      Medical records
Ensuring a Positive
    Background Check
 What Cannot be in a Background Check Report?
   What can former employers say about me?
      Truthful information about performance can be shared
      Most employers to only confirm
          Dates of employment
          Final salary
          Other limited employment information
Ensuring a Positive
    Background Check
 Who Conducts Background Checks?
   Specialized agencies
      Private investigators
      Employment Screeners
      Data Brokers

   Small companies “in-house”

   Caution if companies are small and use internet
   advertised services as they are often out of compliance
   with laws
Ensuring a Positive
    Background Check
 FCRA and Background Checks
   Your right to know if an outside agency is used
      You give consent and in many cases can obtain
      California law requires a copy be available
      Adverse information notification
         Before and After

   Shortcomings
      Not applicable if company does not use a 3rd party agency
      Employer may not disclose and adverse find and say it was
       due to strong applicant pool
          Ex: unemployed for several years due to bad info on
           report due to identity theft
Ensuring a Positive
    Background Check
 FCRA Update: Workplace Investigations and
  Annual File Disclosers

   Employee misconduct investigations
      If employer suspects you of misconduct relating to current
       employment
      Violation of laws
      Violation of preexisting written policies
      Noncompliance with self-regulatory organizations, ex:SEC

   Employer does not have to give you notice
   Report available to persons or agency related to
   violation
   Cannot dispute the findings –seek advice from
   employment law attorney
   Annual File Disclosure report as of 2004
Ensuring a Positive
    Background Check
 Background Checks and Your Credit Report

   Credit report check to validate responsibility
   Loss of job created poor credit, now can’t get a job due
   to poor rating…NOT FAIR!
      Some states are addressing this and saying check has to be
       job related
   Can continue to check after you are hired…see
   previous slide
   You don’t use credit, it can affect your getting a job
      Employer wants to see ability to pay on time
Ensuring a Positive
    Background Check
 Investigative Consumer Reports: What Will your
  Neighbors say?

   Employers can check with your neighbors and friends
   Investigative consumer report
      FCRA has a separate disclosure
      You are entitled to know “nature and scope”, but you have to
       ask for it
Ensuring a Positive
    Background Check
 How to prepare for a Background Check

   Order a copy of your credit report
   Identity Theft Services
   Check court records
   Check DMV records
   Do your own background check
   Ask to see a copy of your personnel file from your old
   job
   Read the fine print carefully on any job applications
   Tell neighbors and work colleagues
   Clean up your “digital dirt”
   Request previous background check reports
Ensuring a Positive
    Background Check
 Resources
   Website used today:
      http://www.privacyrights.org/fs/fs16-bck.htm
          #9 good FAQ

      Laws on Background Checks
      Laws on Workplace Discrimination
      Contacting Government Agencies
      FTC Publications
      Articles of Interest

   Info to learn about access to attorneys and identify
   theft programs
      www.prepaidlegal.com/info/lmcsolutions
      www.lmc-solution.com (use the link)
Ensuring a Positive
Background Check



     Q&A
     Thank you

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110304 Background Check Preparation

  • 1. Austin Marketing Syndicate Ensuring a Positive Background Check March 3, 2011 Lynn M. Campbell
  • 2. Ensuring a Positive Background Check You are in the queue!!! Now what?  Background check information  Resume’s truthfulness  Dealing with the gaps  Does your information align in all your documents and profiles?
  • 3. Ensuring a Positive Background Check  Background Checks  Why does an Employer Conduct a Background Check?  What Is Included in a Background Check?  What Cannot be in a Background Check Report?  Who Conducts Background Checks?  Fair Credit Reporting Act and Background Checks  FCRA Update: Workplace Investigations and Annual File Disclosures  Background Checks and Your Credit Report  Investigative Consumer Reports - What Will Your Neighbors Say?  How to Prepare for a Background Check  Resources
  • 4. Ensuring a Positive Background Check  Why does an Employer Conduct a Background Check?  Negligent hiring  Current Events  False or inflated information  Federal and state laws  The “information age”
  • 5. Ensuring a Positive Background Check   What is Included in the Background Check?  44% of employers check social networking sites  Range from Social Security verification to personal acquaintances Driving Records Vehicle Credit Records Drug test records Registration Criminal Records Social Security no. Education records Past employers Court records Workers Bankruptcy Personal references compensation Character Neighbor interviews Medical Records Incarcerations References records Property ownership Military records State licensing Sex offender lists Records
  • 6. Ensuring a Positive Background Check  What Cannot be in a Background Check Report?  Fair Credit Reporting Act (FCRA) sets national standards that guides consumer reporting agencies but not background checks done inhouse  Some states have stronger laws that guide this, such as California  FCRA limits:  Bankruptcies after 10 years  Civil suits, civil judgments, records of arrests from date of entry after seven years  Paid tax liens after seven years  Accounts placed for collection after seven years  Any other negative information (except criminal convictions) after seven years  None of the above applies for jobs over $75,000 annual
  • 7. Ensuring a Positive Background Check  What Cannot be in a Background Check Report?  Additional laws regarding  Arrest information  Criminal Records  Workers compensation  Bankruptcies  Questions on an application  It can be asked but if over 7 years it can’t be “reported”  Personal Confidential Records  Education Records  Military service records  Medical records
  • 8. Ensuring a Positive Background Check  What Cannot be in a Background Check Report?  What can former employers say about me?  Truthful information about performance can be shared  Most employers to only confirm  Dates of employment  Final salary  Other limited employment information
  • 9. Ensuring a Positive Background Check  Who Conducts Background Checks?  Specialized agencies  Private investigators  Employment Screeners  Data Brokers  Small companies “in-house”  Caution if companies are small and use internet advertised services as they are often out of compliance with laws
  • 10. Ensuring a Positive Background Check  FCRA and Background Checks  Your right to know if an outside agency is used  You give consent and in many cases can obtain  California law requires a copy be available  Adverse information notification  Before and After  Shortcomings  Not applicable if company does not use a 3rd party agency  Employer may not disclose and adverse find and say it was due to strong applicant pool  Ex: unemployed for several years due to bad info on report due to identity theft
  • 11. Ensuring a Positive Background Check  FCRA Update: Workplace Investigations and Annual File Disclosers  Employee misconduct investigations  If employer suspects you of misconduct relating to current employment  Violation of laws  Violation of preexisting written policies  Noncompliance with self-regulatory organizations, ex:SEC  Employer does not have to give you notice  Report available to persons or agency related to violation  Cannot dispute the findings –seek advice from employment law attorney  Annual File Disclosure report as of 2004
  • 12. Ensuring a Positive Background Check  Background Checks and Your Credit Report  Credit report check to validate responsibility  Loss of job created poor credit, now can’t get a job due to poor rating…NOT FAIR!  Some states are addressing this and saying check has to be job related  Can continue to check after you are hired…see previous slide  You don’t use credit, it can affect your getting a job  Employer wants to see ability to pay on time
  • 13. Ensuring a Positive Background Check  Investigative Consumer Reports: What Will your Neighbors say?  Employers can check with your neighbors and friends  Investigative consumer report  FCRA has a separate disclosure  You are entitled to know “nature and scope”, but you have to ask for it
  • 14. Ensuring a Positive Background Check  How to prepare for a Background Check  Order a copy of your credit report  Identity Theft Services  Check court records  Check DMV records  Do your own background check  Ask to see a copy of your personnel file from your old job  Read the fine print carefully on any job applications  Tell neighbors and work colleagues  Clean up your “digital dirt”  Request previous background check reports
  • 15. Ensuring a Positive Background Check  Resources  Website used today:  http://www.privacyrights.org/fs/fs16-bck.htm  #9 good FAQ  Laws on Background Checks  Laws on Workplace Discrimination  Contacting Government Agencies  FTC Publications  Articles of Interest  Info to learn about access to attorneys and identify theft programs  www.prepaidlegal.com/info/lmcsolutions  www.lmc-solution.com (use the link)
  • 16. Ensuring a Positive Background Check Q&A Thank you