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CIC


May 2008- Issue # 2


Welcome to this month's edition of our newsletter.  Please take a few minutes to read through the important information we want to share with you, and hopefully have a little fun on the way.  Enjoy!



Spring Cleaning
              By Susan Reiner

March bustles in on windy feet
And sweeps my doorstep and my street.
She washes and cleans with pounding rains,
Scrubbing the earth of winter stains.
She shakes the grime from carpet green
Till naught but fresh new blades are seen.
Then, house in order, all neat as a pin,
She ushers gentle springtime in.

If you're like us, you've got spring fever and you've got it bad!  It's the madness that fever causes that pushes us to do all kinds of spring cleaning.  So why let it stop with just your home, your garage, your office?  Now's the perfect time to expend some of that energy and get your policies, procedures and best practices up to snuff.  This month we'll share some insights with you to help you tackle your HR spring cleaning projects.

In This Issue

1. Feature Article - The Hats of HR - Which Ones to Wear First 
2. ASIS Excerpt - The Importance of a Documented Screening Program
2. Meet the Team - Lisa Olvera, Marketing Coordinator
3. Tips & Tidbits - Weeding the Garden
4. Question of the Month - Can Employers use Workers' Comp Claim Histories in 
    Employment Decisions?


The Hats of HR - Which Ones to Wear First
Feature Article


Denise was your average human resources professional.  She wore 12 hats a day!  Her door was always open and her office chairs were often full.  She worried about payroll and taxes, updating policies and procedures, recruiting, training, interoffice conflicts, interviewing, annual reviews, and even the company picnic. There just weren’t enough hours in the day.  So Denise tried to re-prioritize her job duties and even scale some of them back a bit. 

 

Denise made two disastrous mistakes:  she decided on a simpler, instant background check and she delegated the interview process to the Supervisors that would oversee new hires in their particular positions.

 

Denise discovered her mistakes the hard way when one of her female employees was attacked by Justin, a new male employee.  The police were called, the attorney was frantic and when all was said and done, Denise’s company was being sued for negligent hiring.

 

Changing the screening process seemed like a good idea to Denise.  She knew (or thought she knew) immediately who had criminal records and who didn’t.  And the cost was minimal saving the company money and time. But what she didn’t think through, or maybe what her screening service didn’t tell her, was that the background check she was doing, was accessing only database records.  So why is that so bad?  Well, databases are inherently flawed.  They contain information from court clerks who may or may not update the records they input and most of the records are name-match only, which means the records could belong to someone other than your applicant. And don’t forget that only a percentage of counties even report to databases, so the risk of missing important criminal record information is very high.

 

This is why Denise didn’t know that their new employee was recently released from jail after serving a sentence for sexual assault.

 

During fact finding to prepare for the case many employees were interviewed.  One of them was David, Justin’s supervisor.  David had conducted Justin’s interview and had failed to recognize the gap in Justin’s past employment.  So of course, he didn’t ask about it.  He found Justin to be so personable and friendly, that the “interview” consisted largely of sports talk and friendly banter. Justin even commented on the “pretty girl” that walked past the office (the woman he later assaulted) and David just chuckled and agreed.

 

Would it have helped avoid the current situation to have trained the supervisors on proper interview techniques and written procedures to keep everyone consistent?  Quite possibly.  Would it have helped for Denise to understand the importance of thoroughly screening each applicant and recognizing a little extra cost up-front is small when considering the alternative they were now facing?  Definitely.

 

So take a good, long look at your processes, procedures and training practices.  Are you doing all that you can to protect your company, your employees, your customers and yourself?  Consider rethinking your current priorities, make changes as necessary and rest a little easier knowing that even though you still have 12 hats to wear, you wear them well…and you won’t have to wear one to court!

Pamela Rodriguez is CIC's Pre-Employment Coordinator. For comments or questions about this article you can contact her at 419-874-2201 ext. 16; prodriguez@corpintel.com



The Importance of a Documented Screening Program

Preemployment background screening should be an integral part of an employer’s policies
, practices, and procedures established for the recruiting, hiring, and training of employees. Carl R. Ernst, author of “The Uniform Commercial Code Filing Guide,”describes Policies, Practices and Procedures3 as follows---

 
Policy: A policy is a general statement           of principle according to which an organization performs business functions. An organization does not need to maintain policies in order to operate. However, practices and procedures that exist without the underpinnings of a consistent policy are continually in jeopardy of being changed for the wrong reasons, with unintended legal consequences.

Practice: A practice is a general statement of the way the organization implements a policy. Good practices support policy.

Procedure: A procedure documents an established practice. Use of forms is one of the useful ways procedures are documented. For an organization that has a practice of checking past court records for criminal records, the procedures would be the documentation on how it is done, as well as the documents showing it was done.

 

It is important that policies, practices, and procedures be in writing. To the extent that policies, practices, and procedures are documented in writing, it is possible to independently verify from the procedure whether employees are conforming to the

practice, and therefore to the policy. This kind of documentation makes it easy to perform reliable audits. Equally important, an employer needs to demonstrate with documentation that there was training, implementation, and auditing to ensure the

programs were followed.

 

The employer needs to develop, train, and maintain committees or teams charged with the creating and updating of screening policies and procedures that are applicable to the employer’s business, security, recruiting, hiring, and training needs. The committees or teams should be comprised of professionals with knowledge of those needs. A person or department charged with administration or ownership of the screening program should lead or chair the committees or teams. The program should include all of the steps identified by a committee or team that are required in the screening process. In most

instances, this will include but not be limited to collection of personal information from the subject, proper authorization to conduct the background screen, how the results of the screen are analyzed and reported, and the intended use by the employer. The key components of the practices and procedures should identify the use of employment

applications and resumes, forms, and letters used including disclosure forms, waivers, a conditional job offer, and job denial. In addition, the procedures should address both internal and external alternatives, including measures used to outsource any screening to be performed by a third party.

 

People, committees, or teams tasked with decision-making should also be assigned. In addition and where applicable, it should be ensured that no conflicts exist between union agreements and the employer’s screening policies.

 

The policy, practices, and procedures should be viewed as living documents to be updated as requirements change, additional programs or products become available, programs or products become unavailable or change, or laws affecting hiring are updated or amended. For employers who span multiple states or cross into various industries, the document must separately address all the issues inherent to such situations.

 

Finally, regular assessment of program results and metrics should be undertaken to measure the benefits of the program, opportunities to improve program outcomes, and overall benefit and value to the organization’s financial performance and culture.

 

 

The above is an excerpt from the ASIS Preemployment Screening Guideline written by a committee of industry leaders including Steven Cotner, President, CIC.


Lisa A Olvera,
Marketing Coordinator
(and Networking Extraordinaire!)
Meet the Team

For most of you, Lisa Olvera needs no introduction.  For those of you who have not had the pleasure of meeting Lisa (or hearing her laugh), you're in for a real treat. 

Lisa has been an irreplaceable member of CIC's pre-employment screening team for over 5 years.  She began her career at CIC as the Pre-Employment Coordinator overseeing the day to day operations of the screening department.  Her knack for customer relations is phenomenal and it soon became apparant that her skills would be better utilized in a marketing capacity.

Today Lisa is a participating member of the Toledo Area Human Resource Association (TAHRA), Sandusky County Human Resource Association (SCHRMA), Findlay Area Human Resource Association (FAHRA), Greater Southeast Michigan Society of Human Resource Management (GSMSHRM), and executive board member of the Hispanic Chamber of Commerce.  You'll see her at events sponsored by these groups as well as our partners the Employers' Association, and other industry-related conferences and trade shows.  As a Certified Networker and board member of local organizations like Adelante, the Hispanic Chamber and the Great Lakes Credit Union, Lisa sees firsthand the needs and concerns of HR professionals in various industries.  She uses the knowledge to help develop new and innovative products and services to help you implement and maintain the highest quality screening program for your organization.

So the next time you see Lisa, stop by, introduce yourself and let her know what your company's needs are.  CIC is far more than just a screening company and I think you may be pleasantly suprised how Lisa can help you out!



Tips & Tidbits

Even the best of gardens need to be weeded.  In fact, it is only with diligent weeding that the garden can thrive and grow.  But when relating that to random re-checks or other types of screening of current employees, employers tend to shy away.  One fear is the possible employee unrest it could cause.  Will screening employees of 5, 10, 20 plus years on the job create alienation of dedicated employees?

It shouldn't as long as you approach the subject with care.  First, HR needs to explain that screening is for the good of the whole company and is a protection for employees.  Don't make it about being suspicious or untrusting of the current staff.  It's because you care about your staff, your customers and the livelihood of the company that you need to make sure you are always demonstrating due diligence.  Presenting it this way really works in achieving employee "buy-in."

Also ensure employees that their rights will be protected and that they can come to HR to discuss the procedures in private if they'd like.  Make sure that each employee has previously signed a notice and consent (if one was obtained pre-hire it should be active for the entire length of employment [check your verbiage]) and still follow through on the standard adverse action procedures should someone not meet company policy guidelines.  This will give all employees an opportunity to review the report and explain any discrepancies found on it.


            






Name the Newsletter Contest

We need your help!  We know how creative our clients are and also how very different each perspective is.  Share with us your ideas for our nameless newsletter and we'll post our favorites in next month's issue.  Then, of course, we are going to rely on your votes to find a winner.  We are at your mercy! 

The winner will receive a $15 gift certificate to Amazon.com.

Send your ideas along with your name and contact information to:
prodriguez@corpintel.com 


 
     


  



  Which Hats Do You Wear? 


  We know you're a multi-hat wearer.  Tell us what they are.  Let us know which ones are your favorites and which ones you wish you could put in a box and hide in the back of the janitor's closet!

                  

Send your comments to:
                 answers@corpintel.com




Question of the Month

Can Employer's Use Workers' Comp Claim Histories in Employment Decisions?

Answer: Many employers fear that using workers' compensation claim history information can open them up for Americans with Disabilities (ADA) discrimination lawsuits.  But if the information is used properly it can be a valuable screening tool and won't violate any ADA mandates.  Be sure to only request this information post-offer and use a history of claims to determine if retraining of the applicant is needed to prevent further injury, or if the applicant would need to be placed in a different position within the company altogether.  If it is determined that the applicant lied about claim history, has a history of filing false cliams or the applicant is unable to perform essential functions of the job even with a resonable accommodation, the employment offer may legally be rescinded (accompanied by a medical opinion). Remember, workers' comp information must be obtained before employment physicals to stay in compliance. 

Send your questions to answers@corpintel.com.  Your question may be featured in an upcoming issue.

For help with system use or questions, current clients call or email Pam Rodriguez at        419-874-2201 ext. 16; prodriguez@corpintel.com

For all other inquiries, call or email Lisa Olvera at 419-467-2482; lolvera@corpintel.com
   
 


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Corporate Intelligence Consultants, P.O. Box 444, Perrysburg, OH 43552, USA.
The information contained in this publication is not given or intended as legal advice.  Always consult with your attorney for direction in your company’s screening program procedures.