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Applicant Screening 101
 

Benefits of Screening
By establishing, implementing and documenting safe hiring practices you can:

  1. Avoid civil liabilities, theft of assets, sexual harassment, vehicle accidents and violence
  2. Choose the best-qualified applicant for the job
  3. Provide safe working conditions for current employees
  4. If you supply Temporary or Leased employees or are a Service Related business, you'll build confidence with your clients by supplying suitable, responsible, and courteous employees - which is a reflection on your company as well

Who to Screen
Depending upon your business, there are many different types of applicants that you should consider screening:

  1. Prospective Tenants
  2. Prospective Customers
  3. Prospective Employees
  4. Prospective Business Partners

Credit History Reports
Credit reports include consumer credit and collection histories along with addresses, liens, and judgments. Credit reports are an excellent source to get an overview of your applicant. They give you some idea of the ability of your applicant to fulfill their financial obligations to you. But remember that the information is only as good as the information the credit bureaus have received.

Criminal History Reports
There are two types of criminal reports available. The first type is a county report, which searches for disposition information, misdemeanors, and/or criminal traffic violations. These reports only show information from the county you are searching. So if your applicant lives in one county but committed a crime in another county, when you search the county he lives in you would not find any criminal reports on your applicant. The second type is a State Criminal report. These reports show any felony convictions that your applicant has had. This report is the best report for the money (where available) due to the overall information that you receive on your applicant.

What We Provide
A professional background investigation company knows what to look for and where to find it. They are also familiar with the common ways applicants will attempt to hide information or avoid detection. They also know that a company does not need to do the same investigation for a switchboard operator as they do on a candidate for Chief Financial Officer.

Applicant-Screening.Com prides itself on courteous customer service, providing reliable and factual information, and guidance where requested and applicable. We stand behind our services and are always available for questions, guidance and consultation on any concerns that you may have.

Your Role in Screening Applicants
If you are a resident manager or a human resources director when screening your applicants it is important that you follow certain guidelines:

  1. Make sure the application is filled out completely
  2. Your applicant has signed the application
  3. Let your applicant know the background checks you are going to perform
  4. Have a uniform screening method (policy) in place and review periodically
  5. Have anyone over 18 years old fill out an application (rentals) even if they are not going to be a lease holder
  6. Require photo ID
  7. Verify income sources
  8. Verify residential sources
  9. Check criminal convictions

Your Time is Money
Although it is possible for you to do some screening yourself, your time is probably much better spent focusing on your core functions, and leaving the screening to professionals:

  1. Don't waste your time trying to chase down all of the sources necessary to compile a complete screening package on each applicant.
  2. Don't let your screening contractor waste your time with slow reporting. We pride ourselves on providing accurate and understandable screening packages when you need them, not next week, and best of all at at the best price.

Your Legal Liability if You DO NOT Screen Applicants
In the current legal climate, the employer is the person who is being held responsible for events that happen while people are on the premises or operating on the company's behalf. The employer is the person people turn to and blame for virtually anything that happens in the workplace today.

Negligent Hiring Practices
There is a growing body of case law that holds employers responsible for the misdeeds of employees who, based upon their prior history, could have been expected to act irresponsibly or illegally.

Another problem has arisen that most employers are unaware of: Insurance Liability Coverage. If the XYZ Corporation hires a person with Grand Felony Theft for a money-handling position and that person steals thousands of dollars, the insurance company may not pay the claim if it is discovered that the company did not conduct an effective background investigation. If the company has done so, they would have discovered the felony conviction and not hired that person. Because an investigation was not conducted properly, the insurance company can elect to void the insurance policy.

Your Responsibility Under FCRA, (The Fair Credit Reporting Act)
The disclosure requirements of the FCRA differ depending on the type of credit report, which is requested and used by the employer.

Obtaining a Credit Report Prior to Offering Credit
A consumer report is any communication of information by a consumer-reporting agency about the credit worthiness, standing or capacity of an employee or applicant. An investigative consumer report is more thorough, and includes information about character, general reputation, manner of living and personal characteristics based on interviews with neighbors, co-workers and friends of the employee or applicant.

Obtaining a Credit Report for Employment Purposes
Before obtaining a consumer report for employment purposes, a clear and conspicuous disclosure must be made in writing to the employee or applicant indicating that a consumer report may be obtained for employment purposes and written authorization must be received from the employee or applicant. Employers will be prompted to provide and obtain authorization by the credit reporting agency selected to provide the consumer report.

If an employer is going to obtain an investigative consumer report for employment purposes, the employer must adhere to the above requirements and provide written disclosure to the consumer within three days after the report is requested indicating that the consumer may obtain information regarding the nature and scope of the investigation. If the consumer makes a written request regarding the scope of the investigative report, the employer must, within 5 days of such request, mail or otherwise deliver to the consumer a disclosure of the scope of the investigative report, including people contacted and the types of questions asked (Please refer to the entire FCRA for further details and/or requirements).

As of September 30, 1997, amendments that benefit the consumer by strengthening provisions for privacy and defining more clearly the responsibilities of businesses that use consumer reports took affect. Not only can the Federal government enforce the FCRA but state and local governments can also enforce the FCRA laws. This now puts apartment owners and managers at a greater risk of being prosecuted for violations, and the penalties can be high (up to $5000 for the 1st offense). Here are some guidelines to help you and your managers stay in compliance of the FCRA.

  1. Write down your standards and make sure all managers understand them.
  2. Be consistent in applying your standards.
  3. Post your standards for applicants to see them.
  4. Let your applicant know you will be reviewing a consumer report on them and have them sign that they acknowledge this.
  5. You need a permissible reason for obtaining a consumer report.
  6. You can discuss and show the applicant the credit report. Limit your discussion to any of the information that may have led you to decline the applicant.
  7. You can not use any information that is 7 years old or older.
  8. Do not pull a credit report on yourself. You can be prosecuted.
  9. Limit the access to consumer reports only to employees who need to have access to them. Also keep credit reports in an area that is secured and locked.
  10. You must send a letter to each applicant with whom you have taken "adverse action" on. This includes not only declines but any additional deposits and/or a need of a guarantor.
  11. Use passwords to control access to computers containing credit reports.

IS THERE A NATIONWIDE CRIMINAL DATABASE?
Yes, There is one such database. It is a FBI database called NCIC-National Crime Information Center. This is not for Public record and is only available to criminal justice agencies. There are companies who claim they have a nationwide database. This is not possible for two reasons. First, you need to have a finger print card to access part of the NCIC database. Second criminal records are kept at different index levels (i.e. county, city, and townships) throughout the United States. It is cost prohibitive and too difficult to access each individual index. These companies who claim that they have nationwide criminal records usually have a network of associates who are in the law enforcement and have access to the NCIC database. Obtaining the information through these channels is illegal. There are strict penalties for individuals who access this database for unauthorized purposes and for buying information that is illegally obtained.

 

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Phone: (800) 757-0906 / Fax: (800) 313-4401
Email: joel@aps-frbc.com