Former Domino’s employees have been allowed to proceed with a class action suit for potential punitive damages against the company for alleged violations of the FCRA. Domino’s had attempted to have the case dismissed, however the US District court denied that motion asserting that the plaintiffs has made a sufficient showing to move the case forward. The plaintiffs in the case allege that Domino’s systematically and willfully violated the FCRA in the following manner:

• Performing background checks on employees without proper authorization including not providing the prerequisite disclosure and authorization in a stand – alone document. They allege the disclosure that was provided was part of the employment application.
• Failure to provide copies of the background checks prior to taking adverse action the applicants.

In addition to the above case, there has been an uptick of FCRA related lawsuits and the importance of FCRA compliance can’t not be overstated or run the risk of statutory penalties for such violations. Yet many companies particularly small business are not complying with the requirements of the FCRA. When an employer utilizes a Consumer Reporting Agency to obtain information related to the applicant’s background, the following is required:

• A clear and conspicuous disclosure stating the intent to procure a consumer report.
• Obtain authorization from the applicant in order to procure the consumer report.
• Include a Statement of Rights under the Federal Trade Commission.
• In the event the employer intends to take adverse action, based on information contained in the Consumer Report, (in part or whole) proper pre -adverse notification must be given to the applicant/employee.
• Provide the applicant/employee with adverse notice after employer has taken final adverse action.

Domino’s had sought to avoid statutory damages by asserting that its actions were not a willful violation of the FCRA. The FCRA allows a plaintiff to recover damages if it demonstrates the defendant was willful or negligent in violation of the statutory requirements.

Background Screening is essential – just as is following FCRA requirements. The easier the process, the less likely you are to be negligent. ARS helps organizations maintain the required compliance by offering an easy to use compliance manager integrated into our client’s accounts.

CA’s planned case management system is no longer going to be implemented. Originally conceived in 2001, the system was supposed to modernize and sync the 58 California superior county courts together in order to share information including criminal and civil cases. The implementation was voted down in a Special Session held by the Judicial Council of CA in March.

The Judicial Council composed of trial and appellate judges was given three options. It was to either go ahead with the project, dissolve it, or put it off for a year. It elected to terminate the project.

The original cost of the plan was estimated to be around 240 million which ballooned to 1.9 billion by 2010. The State of CA being in severe debt decided this was no longer a viable project, not before squandering half a billion on the project.

The State of CA, which at last count ranked the 10th largest economy in the world will continue running the court systems under antiquated methods. Judges can’t share information, lawyers will continue sending law clerks to the courts to pull files and check on motions. Parole officers and mental health agencies must rely on paper methods and court clerks to get the information they critically need – information that in this modern era should be electronic.

According to Chief Justice Tani G Cantil- Sakauye “The council’s decision to stop deployment of CCMS was responsible and prudent in view of our budget situation and the facts we gathered on the actual costs of deployment. ”

• The development was without sufficient planning and analysis.
• The Administrative Office of the Courts (AOC) failed to do a cost-benefit analysis as the original cost estimate of 240 million in 2004 grew to 1.9 billion in 2010.
• AOC did not structure its contract with vendors correctly to ensure that it could adequately control the costs.
• Had not obtained adequate funding and failed to develop a comprehensive budget.

Considering the State’s budget shortfall, perhaps the Judicial Council should of scrapped the idea some time ago instead of spending half a billion on a project which was poorly planned and now never implemented. It’s an astonishing waste of money and should better explain some of the reasons why the State of CA is in such financial turmoil.

A survey commissioned by eLearners.com and conducted by the Society for Human Resource Management (SHRM) recently revealed that degrees obtained online are gaining acceptance amongst employers. This is good news for students enrolled in online courses, more than 4.6 million of them according to data from the Sloan Consortium’s 2010 report an online education. A Pew Research Center survey has shown that 46 percent of college graduates within the last ten years have taken one or more online courses. Eighty-nine percent of four-year public schools now offer online courses, along with 60 percent of four-year private schools.

Of the SHRM survey participants, 79 percent had actually employed a job applicant with an online degree within the last year. In addition, 87 percent believe that online degrees are viewed more favorably now than they were five years ago. A survey conducted by online institution Excelsior College, in conjunction with Zogby International, revealed similar opinions. Of the executives surveyed, 83 percent said an online degree is as credible as one earned from a traditional campus-based program.

In this shaky economy, many professionals are going back to school online to obtain advanced degrees. Many younger students are also working full-time while taking their college courses online. As the number of students taking online courses increases, it becomes more likely that some of your job candidates will have online degrees on their resumes. As a business owner with a company to run and positions to fill, what should you do?

If you’re concerned about the quality of the education a candidate has received, or the validity of their online degree, just ask. You may begin by asking about the accreditation of their degree program and school. Accredited programs are required to meet the same rigorous standards, whether online or on campus. Ask about their toughest assignments. This will give you a sense of the difficulty of the program. Ask about their communications with instructors and other students. The best online degree programs generally offer a high level of interaction.

Finally, Conduct an Education Verification in addition to a criminal records background check and standard employment verification. You should at a minimum verify the type of diploma or highest degree the candidate holds as well as major, minor and attendance dates –regardless of whether they obtained their degree(s) on campus or online.

A pen here, some batteries for the remote control, fifty copies for a school fundraiser on Friday. A notepad for the grocery list, a stamp to mail the cable payment. These items may not sound like much, maybe they cost a business a few nickels and dimes, but widespread petty theft adds up quickly and can seriously damage your company’s bottom line. In fact, the Association of Certified Fraud Examiners estimates businesses lose an average of six percent of their revenues to employee theft.

According to the FBI, employee theft is the fastest growing type of crime. The U.S. Department of Commerce estimates 75 percent of employees commit petty theft in the workplace, and most do so more than once. They also estimate that $50 billion is lost nationwide to employee petty theft each year. This figure does not take into account time theft. The Denver Post reports that U.S. companies lose as much as $400 billion in productivity each year due to the falsification of time cards and Web surfing on the company dime.

While most employees would think twice about taking cash, products, a laptop or computer monitor from the office, those who take office supplies or use office equipment for tasks unrelated to work probably don’t even think of it as stealing –it’s merely convenient. This is where you, the employer, come in. It is an employer’s responsibility to define the actions that constitute theft in the workplace.

Communicate this information to employees both verbally and in written form. Outline the consequences an employee can expect if he or she is caught committing theft, petty or otherwise. Ensure your employees understand how much petty theft can hurt a small business. Encourage the anonymous reporting of suspicious activities and investigate each report promptly.

For best results, don’t focus on apprehension and discipline alone. There are steps any business can take to reduce the incidence of employee petty theft proactively.

• Create a positive work environment. Happy employees, who believe they are receiving fair treatment, are more likely to think twice about taking office supplies or using office equipment for personal business.

• Implement access controls. If you have reason to believe employees are raiding the supply cabinet, limit access. If you think employees may be wasting company time on the Internet, limit its availability.

• Hire only honest people. Conduct pre-employment background checks on all potential employees. Advanced Research Systems provides background screening and criminal check services that are convenient, cost-effective and legally compliant.

Petty theft occurs in all departments, from entry-level employees to upper management. However, the more you talk about petty theft with your employees, and implement the measures above, the fewer nickels, dimes and dollars of revenue and productivity your business will lose.

Employment discrimination-related lawsuits are costly. In 2010, employees and former employees of private businesses filed 99,922 complaints with the EEOC. Total awards were in excess of $404 million, equating to an average of $4000 awarded per complaint. However, costs to a business owner are even higher when lawsuits are filed after EEOC review. Between legal costs, court costs and settlement fees, it’s not uncommon for an employer to pay more than $100,000 for one case of alleged discrimination. Another source puts that total even higher –at an average of $250,000 for defense and $200,000 awarded by the jury in a single claimant discrimination lawsuit.

Even more complaints were filed with the EEOC in 2011, a grand total of 99,947 in fact. While not a significant increase over 2011, it still represents a record number of complaint filings. If trends continue, 2012 complaint totals will be even higher. In order to reduce the chances of being the target of a discrimination lawsuit, business owners need to understand the purpose of the EEOC, what constitutes discrimination, and how to ensure their human resources personnel and management teams are following the letter of the law.

The Equal Employment Opportunity Commission (EEOC) enforces the federal laws that prohibit discrimination against job applicants and employees because of race, color, religion, sex, national origin, age (if over 40), disability or genetic information. In addition, discriminating against an employee because of his or her discrimination compliant, filing of a discrimination charge, or participation in a discrimination investigation or lawsuit is also illegal. This type of discrimination falls under the category of retaliation. More than 37 percent of the complaints filed in 2011 were for retaliation. It’s the fastest growing discrimination category.

If you’re a business owner with at least 15 employees, EEOC laws cover you. The laws govern hiring, firing, promotion, training, harassment, and wages and benefits actions. Ensure your human resources personnel and management teams review these laws annually. According to the EEOC, many discrimination complaints could have been prevented it management had been trained on the laws, held accountable for their actions, and disciplined for not following the rules. Fact sheets covering each EEOC law may be downloaded in PDF form at http://www.eeoc.gov/eeoc/publications/index.cfm

Additionally, businesses are advised to foster a company culture in which employees feel comfortable approaching their supervisors with discrimination complaints. This gives the employer a chance to investigate and resolve the issue internally, avoiding potentially costly escalation to the EEOC.

Online dating profiles are written with one purpose in mind –attracting the attention of potential partners. Whereas commercial marketers are required to abide by truth in advertising laws, dating site users are not. You can be certain their negative traits, personality quirks and criminal records will never be mentioned. This can be dangerous for other dating site users, especially if the individual in question has a history of violent behavior. In this case, you could be putting more than your heart on the line; you may risk your very life.

Some states, including Illinois, are seeking to change this. They want to make online love connections safer for millions of dating site users. In Illinois, the Dating Disclosure and Safety Awareness Act would require dating sites to disclose to their customers whether criminal background checks are run on site members before they are allowed to contact potential dates.

Dating services claiming to run background checks would need to review criminal court records and sex offender registries, or utilize background check services like Advanced Research Systems to screen the histories of participants. This would most likely increase dating service fees, but many users feel that is a small price to pay for a little piece of mind.

The legislation would also require online dating sites to post safety tips for their users. While this information is mainly considered common sense, heavy-hitters such as Match.com, eHarmony.com and Ture.com already offer this type of advice. As of April 2011, Match.com was screening users against the national sex offender registry. According to their website, eHarmony.com does not conduct background checks of users at registration.

True.com does screen its members against a criminal database. However, they advise users to remember that background checks are not a guarantee of safety. All criminal records are not public in all states. Sex offender databases may not be up to date. Convictions or arrests made in foreign countries will not show up. And –perhaps most important– there are still many potentially dangerous individuals who have yet to be caught committing a crime. 

If you choose to participate in a dating site that does not prescreen members with criminal background checks, consider commissioning one of your own. A background check service, such as Advanced Research Systems, can verify your potential date’s identity and marital status as well as look for a criminal record. Sure, meeting your match may take a bit longer if you take the time to conduct a background check –but the best things in life are always worth the wait.

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.