When you’re a small business owner, hiring new employees can be overwhelming. You have a company to run –and you need to get someone into the position fast so you can get back to your own to-do list. However, you don’t want to rush through the process and hire a candidate who turns out to be a bad fit. How do you get the information you need to make the best decision in the least amount of time so you can get back to business? Behavioral interview questions may be the answer.

In today’s fast paced business world, it’s not enough to just hire a candidate who is qualified to do the job. You need to hire the candidate most likely to perform the job well within your company’s environment. You want to select the candidate who will easily become one of the team –the one who fits within the company culture. Asking behavioral interview questions is the most efficient way to determine the future performance of candidates.

Typical interview questions are those such as, “where do you see yourself in five years?” and “what were your duties at your last position?” A behavioral interview question goes deeper. Rather than allowing for rehearsed answers, a behavioral interview question requires candidates to describe how they’ve handled work-related tasks and challenges in the past.

Depending on your needs, you may want to ask questions that will reveal how candidates handled customer and interpersonal problems, communicated with supervisors and other team members, and reacted to criticism or coaching in their past positions. You may want to ascertain their flexibility, ability to solve problems creatively, decision-making processes and proclivity to teamwork.

Your goal is to encourage each candidate to tell you stories about his or her past performance in situations he or she may encounter while working for you. A few examples of behavioral interview questions include:

-Tell me about a time you disagreed with a coworker. How did you resolve the issue?

-Let’s say you have to create a new design. How would you describe your creative process start to finish?

-Has a supervisor ever constructively criticized you? Why? How did you react to the experience?

-Have you ever worked as part of a team? Tell me what that experience was like.

-Let’s say you need to make a decision on a project and I’m not in the office. What would you do?

Past behavior is often the best predictor of future behavior, so the answers you receive from candidates should provide you with exactly the sort of information you need to narrow down your selection. You can then order criminal record background checks through Advanced Research Systems. This is an important step to protect yourself from potential negligent hiring lawsuits and ensure you’re making the best hiring decision.

Whether you’re a large or small business owner, the best way to protect yourself from a costly bad hire is to thoroughly investigate each serious job candidate. A background check will uncover a variety of falsehoods and exaggerations, including the following common lies told by applicants.

1. Embellished Dates of Employment.

Job applicants may fudge the numbers in order to cover gaps in their employment history that they’d rather not explain. Sometimes they honestly don’t remember their hire date or last day worked older positions on their resume. However, any significant discrepancies should raise a red flag and prompt you to question the error. If you don’t have time to verify every applicant yourself, ARS employment background screening services include employment verification. We’ll contact your applicant’s previous employers and verify the dates of employment, position held and rehire status.

2. Inaccurate Representation of Degree Earned.

Degrees often play a role in salary negotiations, if not the applicant’s ability to perform the duties of the position. Some candidates exaggerate the level of degree earned or substitute an alternate academic major. It’s important to verify the degrees and credentials listed on the resumes of every serious candidate. Once again, ARS employment background screening services have this covered. We will verify the diploma and degree earned, majors and minors, and university attendance dates.

3. Exaggerated Salary or Title.

Job applicants may believe that they can negotiate a higher salary or better title if they exaggerate the salary and title held in their former positions. Make sure you’re going to get what you paid for. We verify position held as part of our employment verification service. While companies may not be willing to reveal an exact salary, they may verify the salary range for a particular class of jobs.

4. Covering Up a Criminal Record.

If you hire someone with a criminal record, and that person later endangers or harms one of your other employees, you could be found liable in a negligent hiring lawsuit. Fortunately, a criminal background check will guard against this. ARS employment background screening services include a comprehensive criminal background check covering county, state and federal records. We can also search civil and federal court records to reveal cases brought against the applicant by individuals, companies and government entities.

A bad hire can cost you thousands (or even hundreds of thousands) of dollars in lost time, lost productivity and negligent hiring lawsuits. Protect your livelihood with a comprehensive background check process.

When you hire a new employee, you’re often filling an urgent staffing need. It can be tempting to rush through the process in order to get back to business as usual. Regrettably, this hastiness may result in bad hires. Bad hires can lead to loss of time and money (if you hire someone who isn’t right for the job) or even lawsuits (if you hire someone who endangers your other employees). Fortunately, bad hires can be avoided if you access candidates’ self-awareness, compatibility and desire in addition to their professional qualifications and criminal background.

According to the professionals at Monster.com, the best job candidates are self-aware. They understand where they’ve been and where they want to go with their careers. They are able to articulate the ways in which they can contribute to the success of your company. Potential questions to ask that will help you assess a candidate’s self-awareness include: • Describe the progression of your career from college to your current (or last) position? • What would your current (or last) employer say about your potential for success within this career? • What do you believe makes you stand out from others in this industry?

While it’s ultimately beneficial to like the person you hire, human resources professionals advise that you’ll make the best hires when you look past likeability and access the compatibility of the potential employee with the culture of the role they need to fill. Potential questions to ask that will help you access a candidate’s compatibility include: • Describe your ideal role. How much structure is involved? How much direction or feedback would you receive from your supervisor each day? • How do you handle constructive criticism? • Describe your ideal work pace. Do you prefer to take things slow, work steadily or rush?

People work for money. However, the best hire is going to be one who wants to work for you for reasons in addition to a steady paycheck. Hiring professionals refer to it as the desire factor. It is often indicated by the amount of knowledge a candidate has gathered regarding your company and business. Some questions that may help you access the desire factor of the candidates you interview include: • What do you know about our organization? • What do you feel makes this company stand out from our competitors? • Why do you want to work here?

Once you’ve selected a candidate or candidates who are self-aware, compatible with the position and truly desire to be part of your company, you can move on to verifying their professional qualifications with a thorough past employment reference check. You can also protect yourself from potential negligent hiring lawsuits by contracting Advanced Research Systems to conduct a comprehensive background screening. An ARS criminal records background check, including county-wide, state and federal records going back seven years, is the final step to ensuring you’re making the very best hiring decision.

It is not possible to simply “plug in” someone’s Social Security number into a criminal records database and find all the criminal records pertaining to that individual. If you have been told that, then you have been told wrong.

There is not a comprehensive national criminal records check available to the general public. The one “nationwide” criminal database, the FBI database, which is known as the NCIC (National Crime Information Center) is NOT public record and cannot be accessed legally by anyone other than criminal justice agencies. For employment purposes fingerprint background checks can only be used if required by a state statute. With the thousands of criminal indexes managed by different counties, parish, township, and municipalities, conducting a legitimate nationwide criminal search would require accessing each individual index and this would be time consuming and quite expensive.

National Criminal Records (public)

The publically available national criminal database is a compilation of criminal records from various state criminal records sources including county courts, office of court administrations and prison records. Not all jurisdictions report and the information available varies with each state. For example, the state of NY only reports state prison inmate records to the database. The database contains minimal information from the State of CA. Although the database is not complete, it has considerable value and continues to improve as more and more jurisdictions are added. Over 120 million records are reported.

Statewide Criminal Checks

The state criminal indexes receive their data from the counties. Statewide searches are not available in all states. Some states do not provide a complete history of criminal records while other states may only report Bureau of Prison records. A word of warning about statewide criminal records…some commercial public records vendors claiming to provide statewide criminal records are actually providing statewide inmate searches and this has little value. If the subject has been placed on probation, released from prison, or is sentenced to the county jail rather than state prison, the search will yield a “no record.”

County Level Criminal Checks

Researching criminal court records at the county level is critical and in many states the only way to conduct background checks. In some counties felony and misdemeanor records are maintained in a combined index, in others felonies and misdemeanor records must be checked separately. Typically, county records are maintained for a period of seven years back or more. Even if the records are available beyond seven years, state and federal laws must be followed.

How Records Are Recorded

Most criminal records are indexed by the name and date of birth of the subject. The correct spelling of the name is critical to obtaining accurate results. If the person had a former name, that name should also be searched. While the majority of jurisdictions have computerized their criminal records, most do not allow off-site access. Therefore, a researcher must be physically dispatched to the courthouse to search the public access terminals. Many courts do not even offer public access terminals, as they have not developed systems that separate public records data from nonpublic records. In many cases, the researcher may have to submit the request to the court clerk and return in a day or two for the results. The court may provide access to its criminal docket index (often microfiche). However, the index usually contains nothing more than dates, case numbers and names of defendants. If the subject has a common name many records may be found for that name of which may have nothing to do with the subject. Therefore, all case files found on the index with the same name must be examined for a match to date of birth . It will also be necessary to examine the case files to determine the charges and the dispositions and if the case is legally reportable according to state and federal laws.

With the somewhat complexity of criminal record searching, the most thorough approach is to search both the public national database and at the county level in the counties where the subject has lived. The national search allows you to cast a wider net while the county court search allows you to search the local counties of residence. A combination of both is the best approach to ensure diligent background screening practices.

The exceptions are the following:

• A Managerial Position
• A position in the state Department of Justice
• Law enforcement including sworn peace officer
• A position which requires the information contained in the report be disclosed by law
• A position requiring regular access to (other than routine solicitation and processing of credit card applications in a retail establishment)
• A) Bank or credit account information
• B) Social Security Number
• C) Date of birth
• A position that involves access to certain specific confidential information including formulas, trade secrets
• A position that has regular access to cash of $10,000 or more of the client, customer or employer
• A person that is named on the employers credit card account.
• A person allowed to transfer money or enter into contracts on behalf of the company.

Employers must be sure that any background screening program they undertake is compliant with state and federal laws. This includes credit reporting, disclosures, adverse decisions and time limitations on criminal convictions. ARS helps organizations maintain strict compliance with the FCRA and applicable state laws.

Workplace violence is a serious issue for businesses in all industries, not just late-night convenience stores and mental healthcare facilities. In fact, the 2005 Survey on Workplace Violence Prevention conducted by the U.S. Bureau of Labor Statistics found that more than five percent of all U.S. businesses had experienced at least one incident of workplace violence. That number jumped to 50 percent within organizations employing more than 1000 workers. The Census on Fatal Occupational Injuries found an average of 590 workplace homicides occurs in the U.S. each year.

According to the National Institute for Occupational Safety and Health (NIOSH), workplace violence may be defined as any type of threatening behavior or physical assault that occurs within a work setting. This includes events as dramatically violent as beatings, stabbings and shootings to those less blatant, such as intimidating, swearing and shouting.

The general duty clause of the Occupational Safety and Health Act (OSHA) states that it’s your responsibility, as an employer, to provide your employees with a workplace free of hazards that may cause death or physical harm. Just as you’re legally obligated to implement safety measures to prevent accidents within the workplace, you’re equally obligated to take steps to prevent workplace violence.

According to the U.S. Department of Labor, assaults and violent acts were the third leading cause of death on the job in 2009, making up 18 percent of all fatal work injuries. It’s safe to assume that employers could have prevented some of these deaths through more thorough background screening of job applicants. Criminal records background checks (county-wide, state, and federal, going back at least seven years) are essential to ensuring the safety of your employees and avoiding negligent hiring lawsuits.

Negligent hiring may be defined as hiring an employee who you knew or suspected posed a threat due to a history of violent behavior or predisposition towards violence. A failure to attempt to ascertain a potential employee’s criminal or violent history may also be defined as negligent hiring. According to the National Institute for Prevention of Workplace violence, negligent hiring cases have had verdicts as large as $40 million. The average negligent hiring settlement is $1 million.

It’s not just workplace homicides that will cost you. As a business owner, it’s in your best interest to prevent workplace violence in all forms, including those that are psychologically aggressive and emotionally abusive. These “bullying” behaviors cause disruption, anxiety and lead to a reduction of employee productivity and morale. NIOSH estimates the cost of workplace violence nationwide to be $121 billion per year, with nonfatal workplace assaults (including bullying) costing businesses $16 million in lost wages and 876,000 lost work days.

Don’t leave your employees and your business vulnerable. Protect them with a custom background-screening program from ARS. The cost of a comprehensive background check is minimal when compared to the losses you may incur in the event of a workplace violence incident.

Each and every criminal court in the United States has a unique style in the way they store, report and release criminal court case information.   And while the Fair Credit Reporting Act (FCRA) is federal law, many states have their own statutes pertaining to employment background checks or consumer reports.   So of course all these factors have an impact on what information you can and cannot obtain. 

The Statewide criminal database in Texas also known as the Computerized Criminal History System (CCH) does have a reporting coverage limitation which means that not all records from individual counties are reported to the state database.  There are 254 counties in Texas, and for a variety of reasons, some counties’ jurisdiction report little or limited information.  Of all the jurisdictions, according to the Criminal Justice Policy Council, approximately 60 % of the total criminal case dispositions are reported to the CCH.   Interesting, considering Texas State law requires that arresting agencies report  information on arrests and convictions including Class B misdemeanors and greater to the State Repository. This means approximately 40% of records of arrest and convictions are simply not being reported to the CCH – that’s quite a large amount to say the least. 

In addition to a state criminal search, you must search at a minimum the county court of residence where the applicant currently resides.  This is critical otherwise the background check report may be inaccurate.  Your applicant may have a violent felony record and this may have gone unreported to the state database, or a variety of other offenses. 

The State Business and Commerce code pertaining to criminal background check reports has limits on reporting of criminal background check information.  In most cases, records of arrest, indictments and convictions must not exceed a 7 year period from the date of release or parole.   Like other states, there are exceptions to the law. 

Criminal background checking in TX is like all states, not a perfect system but if you hire the right vendor, they can help you to make sure that you implement the most appropriate program.   This can make a significant difference in the quality of your background checks,   and ultimately, a big difference in the success of your business.

With the increase of universities and private schools conducting background checks on new students prior to admission for select academic programs, ARS has introduced a technology designed to meet this demand.    Every school has different requirements and ARS’s systems offer the scalability to accommodate most educational institutions background screening needs.  Some institutions prefer student initiated background checks while others opt to manage the background screening process internally.

ARS offers many comprehensive background check packages depending on the academic program and the requirement of the institution.  Some of the product options include:

SanctShield™

This is a diverse, robust healthcare specific sanction database which consists of searching of federal and state authorities, FDA, GSA/OIG and additional licensing authorities. A critical screening product that should be performed on all applicants entering a healthcare training or academic program.

 Global Security Screen

A vast United States complied database that screens over 17 databases debarred parties, OFAC, Interpol, DEA fugitive, and the World Bank excluded individuals.

 ARS performs background screening and drug screening services for organizations across the US and Canada. Our turnaround times continue to be one of the best in the industry while providing intelligent industry specific information allowing our clients to make wise hiring decisions. In order to facilitate a compliant and successful background check program, we assist our client in all facets including compliance, consultation and technical support.    For more information or a systems demo, please contact client service at 1.888.239.3040

One has to wonder exactly why this is happening.  There are many possible reasons for criminals continuing to be employed in the healthcare industry.  Is it cost?  Are they taking short-cuts in the background screening process?  Are they using cheap databases?  Are they scrutinizing their vendors to ensure they are qualified? 

Whatever the case may be, the statistics are alarming considering the vulnerability of patients and the fact that this industry, more than any other,  is so highly regulated. 

Conducting criminal search searches in the US is not an exact science and proper search methodology must be used.  Being properly educated in criminal background checking is critical to the success of any background screening program.  This sounds basic, but many companies simply are not performing the most appropriate search based upon where the applicant has resided.

Statewide criminal searching can be an effective search, however this is far from perfect.  Many states either don’t report at all or provide limited information.   In Texas, the statewide criminal database report coverage is approximately 70%, so nearly 30% of various counties’ records are not being reported to the database.    Other states only report Bureau of Prison records while California has no available repository.

Since there is no centralized national database and most offenses occur near a person’s home, county criminal searches are the best approach.   All counties the applicant has resided during the past 7 years should be searched.    Done properly, county criminal searches will show the most recent court data for felony and misdemeanor records.  

Searching healthcare specific sanctioned databases are an important component of the background screening process.      Many individuals may have been sanctioned for offenses committed while on the job.  This could include abuse, credential revocations, disciplinary action and other offenses.  Often this information would not appear on a criminal background check or via state license verification. 

If applicable, it’s critical to search all names used during the past seven years.  This is one area that is frequently not being properly addressed and a cause of flawed background checks.  Since courts do not index criminal records by social security number, a search must be done based upon any names used.

Many healthcare organizations simply are not budgeting a sufficient amount of money on their background screening programs.  Often times, opting for cheaper alternate database searches or minimizing the criminal search by not covering all residences the applicant has lived during the past seven years.   Conducting the most basic background check is a common approach many companies take and this simply is not a wise decision, neither ethically or legally. 

It’s important to understand that the people you hire are what make up your organization and ultimately determine your success or failure so you must take all reasonably prudent measures during the pre-screening process.

According to a recent poll by career builder, as much as 45% of companies engage in social media pre-employment screening.  As social media presence grows, so does the rise of employers conducting preliminary cyber investigations as a tool to weed out potential employees.

Employers are Googling, researching Facebook profiles, and fact- checking Linkedin profiles to see what kind of information they can garner.  Employers are looking for anything from  provocative photos, communication skills, and validating resume provided information, to name a few.

Many times a candidate may fabricate their past dates of employment, or perhaps change their previously held title.  With the advent of social media, information can be validated more easily by employers and the applicant could be doomed. 

Employers are in a position to really take of advantage of social media, and screen out certain applicants they deem unfit based upon the applicant’s social media profiles, and this can be done at very little cost.    Often they are doing this prior to even interviewing the candidate, and before engaging a pre-employment background check. 

Is social media sleuthing legal? Well yes and no.  It depends on what you do with the information and what are your determining factors for eliminating a potential candidate.  At this time, the Federal Credit Reporting Act does not restrict employers or background check companies from using this information, however there are possible laws that may be violated including discrimination based on age, race, and privacy issues.  Of course the reality is, just like any case of discrimination, it may very difficult to prove.  In many cases the applicant is likely to have no knowledge of the employers cyber sleuthing.   And unlike a criminal background check, the employer can research the applicant without the social security number, or date of birth.

And of course, there is the question of whether or not this is ethical.  Should employers be looking at your personal life?  Well this depends on your point of view. Some employers think yes – they have a right to know.  Applying the Vegas type slogan what happens at home stays at home – many individuals would disagree, finding this an infringement on their private lives. 

Companies should use caution before conducting this type of background screening.  Consulting your organizations legal counsel is in your best interest as not doing so may be cause for potential discrimination lawsuit.  With the ever-changing background check laws, social media screening may soon be subject to authorization by the candidate.