HR Magazine Survey Companies on Back ground checks

Who Checks on What?
The December HR Magazine shared these statistics from a SHRM survey:

• Companies doing criminal background checks? 73% do them for all, 19% for some, 7% no
• Companies doing credit background checks? 13% do them for all, 47% for some, 40% no
• Companies conducting pre-employment drug testing? 55% do them for all, 17% for some 21% no

As with most SHRM surveys, most of the companies surveyed are very large.
Usually less than 15% are the size of our Member base. Nevertheless, where does your company fit in this? We’d advise you to do criminal background checks and drug tests on everybody, and credit background check on everybody you’re allowed to by law. This will eliminate exposing yourself to unnecessary risks.

 The EEOC is severely restricting credit background checks on a disparate impact basis.

The Rest @ HR That works

PointHR has been doing this for companies like yours for 17 years

Supreme Court- Complaints Do Not Have to be Made in Writing for FLSA Retaliation Claus to Apply

On March 22, 2011, the U.S. Supreme Court held in Kasten v. Saint-Gobain Performance Plastics Corp., that retaliation under the Fair Labor Standards Act, can be based on oral complaints, not just written ones. The Court rejected the employer’s argument that oral complaints are too indefinite to provide an employer with fair notice that an employee is engaging in protected activity.

Facts of the Case: The plaintiff employee believed that the location of the defendant employer’s time clock was illegal under the FLSA because it prevented employees from receiving fair compensation for the time they spent changing in and out of work clothes. The employer had an ethics policy that imposed on employees the obligation to report suspected violations of the law and an internal grievance resolution procedure that instructed employees to immediately contact their supervisor with “questions, complaints, and problems.” The employee claimed that he “raised concerns” with his supervisor that the location of the time clocks was “illegal” and that he also advised human resources personnel (a generalist and the HR manager) that the company would “lose in court” if a legal challenge were brought about the time clock location. He also told his lead operator that he was “thinking about starting a lawsuit about the placement of the time clocks.” The employee claimed that his subsequent discharge from employment was because of these complaints. He sued under the FLSA’s anti-retaliation provision and his claims were dismissed on summary judgment. The trial court, affirmed by the U.S. Court of Appeals for the Seventh Circuit, concluded that the FLSA, which prohibits retaliation against employees because they “file any complaint” required a written filing with a government agency.

The Rest @ HR That Works

Supreme Court- Complaints Do Not Have to be Made in Writing for FLSA Retaliation Claus to Apply

On March 22, 2011, the U.S. Supreme Court held in Kasten v. Saint-Gobain Performance Plastics Corp., that retaliation under the Fair Labor Standards Act, can be based on oral complaints, not just written ones. The Court rejected the employer’s argument that oral complaints are too indefinite to provide an employer with fair notice that an employee is engaging in protected activity.

Facts of the Case: The plaintiff employee believed that the location of the defendant employer’s time clock was illegal under the FLSA because it prevented employees from receiving fair compensation for the time they spent changing in and out of work clothes. The employer had an ethics policy that imposed on employees the obligation to report suspected violations of the law and an internal grievance resolution procedure that instructed employees to immediately contact their supervisor with “questions, complaints, and problems.” The employee claimed that he “raised concerns” with his supervisor that the location of the time clocks was “illegal” and that he also advised human resources personnel (a generalist and the HR manager) that the company would “lose in court” if a legal challenge were brought about the time clock location. He also told his lead operator that he was “thinking about starting a lawsuit about the placement of the time clocks.” The employee claimed that his subsequent discharge from employment was because of these complaints. He sued under the FLSA’s anti-retaliation provision and his claims were dismissed on summary judgment. The trial court, affirmed by the U.S. Court of Appeals for the Seventh Circuit, concluded that the FLSA, which prohibits retaliation against employees because they “file any complaint” required a written filing with a government agency.

The Rest @ HR That Works

I-9 Audit

 

How to Document your I-9 form for H1-B Extensions (2011 Update)

Background Checks are Essential

FORT WORTH - East Handley Elementary School in Fort Worth needs involved parents just like any other school.

Except, at East Handley, one parent volunteer turned out to be a registered sex offender.
It didn't take a thorough background check to learn Jon Coots served eight years for a 1996 sex crime with a child since it can easily be found on the state's sex offender registry, which Sean Young and his wife were shocked to discover.

"I recognized him because I'm also in the PTA," Young said. "He's a very active member at the school. He's a member of the PTA."

Young immediately printed off the registry information and took it to the school's vice principal and principal.
"She just said, 'We should have caught it before now and we apologize,'" Young said.

Young had to fill out forms for a background investigation to volunteer, which is district policy. He said he asked the principal what happened to the paperwork on Coots.

"I think she said they had sent it to his house and that he never complied," he said.

A Fort Worth Independent School District spokesman, who declined to appear on camera, said school officials should have followed up. He also added that Coots was never alone with children in classrooms and did not go on field trips.
That doesn't impress Young.
"I've seen him alone in hallways during school hours," he said. "To me that's alarming."

The district said Coots will still be allowed into the school, but only under escort and to see his own children.

There are no new criminal allegations against him and police say no laws were broken because sex offenders who complete parole are not prohibited from helping out at a school.

But Fort Worth ISD spokesman Clint Bond told News 8 that all principals are being notified about the mistake so they can double check their own procedures.

Young said he believes the district should have sent letters home to East Handley parents. Bond said that at this point, there has been no incident involving children that would require parent notification.

by JIM DOUGLAS
Posted on February 25, 2011 at 10:39 PM

The Rest @ WFAA TV

New Court Case on Employee Emails

Nolo's Employment Law Blog: Firing and Former Employees Archives

 

Nurses Aide Training and Competency Evaluation Programs Must do Background Checks

DADS-regulated facilities and agencies are required to check the Employee Misconduct Registry and Nurse Aide Registry before hiring an individual to determine if the person is listed in either registry as having committed an act of abuse, neglect, exploitation, misappropriation, or misconduct against a resident or consumer and is, therefore, unemployable. Currently, there are three methods available to perform these required searches:

calling DADS’ toll-free number at 1-800-452-3934;
searching DADS' Sanctions Database at http://www.dads.state.tx.us/providers/NF/credentialing/sanctions

using DADS' Employability Status Search

or Here

The Cynical Side of HR

39 Secrets Your HR Person Won’t Tell You

By Michelle Crouch 

1. “The No. 1 thing in job security is your relationship with your boss. Even if he says, ‘I’m sorry I really wanted to keep you, but they made me lay you off,’ that’s almost never true. He probably made that decision.” –Cynthia Shapiro, former human resource executive and author of “Corporate Confidential: 50 Secrets Your Company Doesn’t Want You to Know.
”
2. “If you’re accused of sexual harassment, even if you’re found to be not guilty, people will always look at you funny afterwards. It can kill your career.” –Laurie Ruettimann, HR consultant and speaker in Raleigh, N.C .


3. “Even in jobs where you test applicants and those with the top scores are supposed to get the job, I’ve seen hiring managers fix scores to get the people they like.” –HR representative in the manufacturing industry.


4. “If you have a question, come to my office. Don’t corner me in the bathroom.” –HR professional at a mid-sized firm in North Carolina


5. “Children and hobbies do not belong on a résumé. And never, ever say, ‘Now that my kids are in college, I’m ready to get back in the workforce.’ ” –HR professional at a mid-sized firm in North Carolina


6. “Someone might tell you to ‘Be yourself’ in the interview. Don’t be yourself. That’s the worst advice ever. We don’t want people who are neurotic and quirky and whatever else. All we care about is your skill and experience.” –Laurie Ruettimann, HR consultant and speaker in Raleigh, N.C.


7. “You’re right to be paranoid. The company is always watching you, and there’s a record of everything you do: every phone call, every text, every tweet and instant message. At most companies, they save that data forever.” –Laurie Ruettimann, HR consultant and speaker in Raleigh, N.C


8. “I was asked by one CEO to hire the long-legged girl with the long dark hair even though she didn’t have the right skills. Another time, I was instructed not to hire anyone with children because the company had too many people leaving for soccer games. That kind of thing happens all the time.” –Cynthia Shapiro


9. “I know many of you met your former spouse at the company. But the thing is, for every one of you, there are five people it doesn’t work out as well for. And your office romance can and will be held against you.” –Kris Dunn, chief human resources officer at Atlanta-based Kinetix who blogs at HRcapitalist.com.


10. “Many people think, ‘If I work extra hard, I’m going to get noticed.’ But it doesn’t work that way. If you want to advance, some of the responsibility falls on you to toot your own horn. Make sure your supervisor and your supervisor’s supervisor are well of aware of what you’re contributing.” –Michael Slade, HR director at Eric Mower and Associates, an integrated marketing communications agency.


11. “I know a lot more about you when you walk in the door than you realize. I’ll search for you on the web and often use my own personal network to do a pre-interview reference check.” –Senior HR Executive in New York City


12. “Generally speaking, you only put someone on paid leave if you’re pretty certain that they might be terminated from the company once you do your investigation.” –Kris Dunn 


13. “Never accept the job immediately. Say you need to think about it overnight. Once you sign on the dotted line there’s no room for negotiation.” –A human resources professional in New York City


14. “If you get fired, don’t just stomp out and go on with your life. The company may be willing to give you some severance, especially if you can point to someone different from you who didn’t get as severe a punishment. Just saying, ‘Well, I talked to my attorney’ (even if you don’t have an attorney) can also give you some leverage.’” –Suzanne Lucas, a former HR executive and the  “Evil HR lady” on bnet.com


15. “If we ask ‘What salary are you looking for?’ say you’re flexible, or say it depends on the responsibilities of the job. Try not to name a salary unless we really push you, because that gives us a leg up in the negotiating.” –A human resources professional in New York City


16. “I’ve always hated the big United Way drive at work.  Not because of the United Way.  Great organization.  Because of the smell of solicitation in the air, and because we are usually in the middle of it.” –Kris Dunn


17. “Companies do have black lists. It’s not written down anywhere but it’s a list of people they’d be happy to get rid of if the opportunity arises. If you feel invisible, if you’re getting bad assignments, if your boss is ignoring you, or if they move your office, you’re probably on it.” –Cynthia Shapiro


18. “I may say ‘I’m terminating you because you didn’t meet performance measures.’ I’m not going to say it’s because you’re a pain in the butt and piss people off every time you interact with them.’” –HR Manager at a healthcare facility


19. “I once had someone send me Forget-me-not seeds with their thank you note. Yes, thank me for taking the time, that’s great. But sending me seeds? That’s weird.” –Sharlyn Lauby, human resources consultant in Fort Lauderdale, Fla.


20. “Don’t lie about your salary. Ever. Even if your employer doesn’t tell us (and most do), we’ll find out eventually. I’ve terminated two people for doing that.” –A human resources professional in New York City


21. “One time a candidate sent – I love this – a thank you card with a professional picture of herself, which quite honestly became the running joke for weeks. The picture was blown up and posted in my office with hearts drawn around it.” –HR director at a financial services firm


22. “Don’t ever tell me that you have to have this job because you’re going to lose your house, your kids have nothing to eat, your mother has cancer. Companies aren’t a charity.” –Suzanne Lucas


23. “Networking does not mean using Facebook or Linked In. It means going to events, getting your face in front of people and setting up informational interviews.” –A human resources professional in New York City


24. “We get résumés on fancy schmantzy papers. We get them with gold-pressed lettering. We get them in binders and in document protectors with ribbons. None of that sways me.” –HR Manager in St. Cloud, Minnesota


25. “98 percent of the résumés we receive when we post a position on a big jobs site like hotjobs, monster or careerbuilder are junk, people who are nowhere near qualified. We’ll get a guy who’s a bar manager applying for a director of public affairs position. Or a shoe salesman. That’s why we like posting jobs on websites that target specific industries.” –Michael Slade, HR director at Eric Mower and Associates, an integrated marketing communications agency.


26. “Your job isn’t safe just because you’re pregnant or a new mom. Lots of people get pink slips while they’re on maternity leave. Companies can do it as part of a larger layoff, include you in there and create a justification for it.” –Cynthia Shapiro


27. “Some companies do everybody’s raises on their anniversary dates. I’m not a fan of that because if the budget comes out in January, those poor people hired in December get, ‘Oh sorry, we’d like to give you more but we gave a huge increase to Bob so you’re just going to get 2 percent.’” –Suzanne Lucas


28. “I don’t lay people off at the end of the day because I think it’s rotten to get a whole workday out of someone, then lay them off. I always lay them off in the morning.” –A human resources professional in New York City


29. “I had somebody list their prison time as a job. And an exotic dancer who called herself a ‘customer service representative.’ ” –Sharlyn Lauby, human resources consultant in Fort Lauderdale, Fla.


30. “It doesn’t take 40 hours a week to look for a job. So if you’re unemployed, do something: take classes, meet people, go to industry meetings, start a blog, read a book a week. Just don’t sit on the couch and eat Doritos.” –Ben Eubanks, HR professional in Alabama


31. “My Linked In profile is for myself, a way for me to find another job. It’s not a way to find a job with me.” –A human resources professional in New York City


32. “In interviews, everyone works well with others, and everyone learns quickly. Please tell me something else.” –HR manager in St. Cloud, Minn.
33. “I’ve seen managers not hire a woman because the environment is mostly male, and they’re worried that no matter how smart or talented she is, she won’t fit in.” –HR representative at a Fortune 500 financial services firm


34. “If it’s been a week or two and I tell you ‘I don’t have an update yet,’ that often means there’s a better candidate we’re talking to, but we can’t tell you that in case they decide not to take the job.” –Recruiting consultant Rich DeMatteo. Philadelphia, Pa.


35. “If you call to check on the status of your résumé  and I ask, ‘What job did you apply for?’’ If you don’t know, you’re done.” –HR professional at a mid-sized firm in North Carolina


36. “When we had someone go out on disability and we knew he was faking it, we didn’t want to go to court to prove it. So we put him on the end of the assembly line in a job where we knew he wouldn’t succeed. Eventually, we were able to fire him.” –HR pro at a mid-level staffing firm


37. “I have better things to do than deal with who slept with who, or who’s talking about you behind your back. Sometimes I feel like a high school guidance counselor.” –HR professional at a mid-sized firm in North Carolina


38. “Yes, I have access to everyone’s salary but I don’t look unless I have to. There’s nothing worse than having to reprimand someone, and then seeing they make $60,000 more than me.” –HR professional at a midsize firm in North Carolina


39. “Don’t stalk me.” –A human resources professional in New York City

The rest @ Career Midway

This is sometimes true, but not the norm in my HR experience. as an HR professional, you have a professional responsibility to educate a boss who is about to make a "career decision" with their instructions. Or maybe its time to find another place to work, a place with leaders with integrity.