by Jason Morris

Cleveland Indians’ international free agent suspended by MLB after failing background check

Sunday, August 17, 2008
Paul Hoynes
Plain Dealer Reporter

Major League Baseball has suspended one of the four international free agents the Indians signed in July.

Right-hander Edward Pinales from the Dominican Republic did not pass a background check by MLB officials and was suspended for a year. John Mirabelli, Indians director of scouting, said he wasn’t sure if Pinales said he was younger than he really was or used a false identification.

“In the past when something like this happened, you would renegotiate and sign a player for a lesser amount,” said Mirabelli. “Now Major League Baseball has stepped in and said the player will be suspended for a year and that he can’t sign with another team.”

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by Jason Morris

In a follow-up to a story we recently wrote, Beacon Plumbing is under investigation by the State of Washington.  A few months ago we wrote about Felons on Payroll of a Well Known Plumbing Company.  It appears they are still in hot water (no pun intended).

State regulators have opened an investigation into Beacon Plumbing, looking into issues raised in a recent KING 5 Investigation.

State regulators say they were already watching Beacon Plumbing when the KING 5 Investigators ran a series of stories earlier this year about customer complaints.

It appears there are irregularities in their licensing practices.  In addition to having felons on the payroll, plumbers don’t have the proper licensing and supervision.  In addition to a comprehensive criminal records search, a proper professional license search should have been conducted.  Doing an extensive employment background investigation is a great way to keep your company out of the news!

Full Story

by Jason Morris

The employeescreenIQ podcast channel is now live on our blog.  Since the beginning of July we have been posting some exciting podcasts from this year’s SHRM Conference.  In the coming weeks you will find many more exciting podcasts covering a myriad of topics and issues. If you have suggestions on future broadcasts, feel free to email us!

Visit the Podcast Channel Here!

Subscribe to iTunes Channel Here!

by Jason Morris

Historically educators saw their profession as a “gentleman’s profession” held to a higher standard than others.  Above suspicion, they felt background checks were below them and insulted by the gesture.  We have seen similar stories as recent as last month.  This article shows tremendous support for the practice and an acknowledgment of previous fears.  We know there is a requirement of accuracy under the FCRA, apparently one experience in their forum was less than stellar.

An article from the Chronicle of Higher Education

Criminal-Background Checks: An article from the Chronicle of Higher Education

Criminal-background and credit checks are becoming a common element of faculty and administrative searches. Many states, and an increasing number of private colleges, are requiring background checks prior to or as part of job offers. My university added them this year, and thus we have been navigating in new waters as we deal with candidates during the offer process.

A certain amount of griping has ensued. One of the clearest vestiges of academe’s history as a “gentleman’s profession” is the idea that we, as academics and holders of advanced degrees, are somehow above suspicion, and thus requiring a background check is insulting and degrades us as professionals. That sentiment is certainly understandable, as the presence of a background check is prima facie evidence that candidates are not being taken at their word.

The paradox, of course, is that only those whose word is not good get caught by a background check. I have been around long enough to know about cases where an impostor has gotten an academic job (easily avoided by the now almost-universal requirement for official transcripts sent directly to the employing institution) or where someone with a criminal record has been hired.

In today’s litigious atmosphere — and, more important, as part of our obligation to students, parents, and other constituencies — transcripts and background checks are a fair way to avoid potential hiring disasters.

However, there is another side of this issue. When an institution has a policy requiring background checks, that policy entails that whoever performs those checks be held to absolute standards of accuracy. A recent case discussed in The Chronicle’s Forums described a candidate’s experiences being offered a position contingent on a background check which later came back with negative information that led to the withdrawal of the offer. The information turned out to be wrong, and it fell to the candidate to correct the record, supplying numerous documents and affidavits certifying the candidate’s innocence. The offer was then reinstated only to be withdrawn again, apparently by the institution’s human-resources office. Why? Because the candidate had protested the negative finding.

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by Jason Morris

CORAL GABLES (CBS4) ― Remodeling your home can be noisy, messy and overwhelming. For Coral Gables homeowner Luis Bared, hiring the right contractors meant trusting them with remodeling his front and back yard.

“I did some homework. I don’t hire people off the street,” said Bared.

That homework brought him to servicemagic.com, a website which connects homeowners with what it considers reliable contractors and service professionals. To be listed on the site, they pay referral fees.

But that company advertises that it is now going an extra step forward — make that ten extra steps.

Servicemagic.com claims it conducts a ten point screening process.

“Which includes verification of state-level licensing, general liability insurance, and we run a background check on the business,” said CEO Craig Smith.

We checked out the site and found out they only check licensing at the state level, not at the local level.

Even service Magic’s CEO urges, “it’s still important that the professional produces a copy of their insurance and verification of their license.”

Omar Cabrera knows home improvement. He manages the pro desk at the Pinecrest Home Depot. He says that a criminal background check would be very important.

“If they can go to that extent, it would be incredibly instrumental,” said Cabrera.

Most home improvement companies, like Lowes and Home Depot, do background checks on their own contractors, and knowing that is important to Cabrera.

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by Jason Morris

A triple threat, a hat trick, a triple double, how about three strikes and you are out? As an avid sports fan reading an article about sports at the University of Tampa the sports cliches are just poring out.  The negligent hiring doctrine lays out a simple rule; “If you could have known, you should have known!”  This case however brings a multi-pronged suit to the University of Tampa.  Aside from the obvious, Negligent Hiring, we also have Negligent Retention and Negligent Supervision.  I won’t regurgitate the reasons, you will see that in the article.  I will however stand on my soapbox and say “I told you so.”

No one is immune from a lawsuit.  We have been saying it for years, organizations are liable for not running thorough background checks.  Screening your employees is the simplest way of avoiding a very expensive lawsuit.

This story is a classic text book case. The Case should raise the standard of care when Colleges and Universities make decisions about why, how and who to screen.

Former Cheerleader Suing UT for Hiring Coach Who Raped Her in 2004

Complaint says background check and his prior arrests should have led to red flags

By: Charlie Hambos

A former cheerleader is suing the University of Tampa for negligently hiring her former coach, who pleaded guilty this year to raping her in 2004.

She says the university erred in its background checks and supervision of the cheerleading coach.

Heather Wienclawski, a former Spartan cheerleader and economics major, says she could not finish her studies at UT because she was raped by Thomas Andrew Hall, who had previous battery charges including one on a police officer, when he was hired part-time at UT.

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by Nick Fishman

Warning! Crooks and thieves are getting more creative in finding ways to commit identity theft. See warning below issued from The Financial Industry Regulatory Authority (FINRA).

FINRA Warns Job Seekers About Online Classifieds Scams Aimed at Identity Theft, Financial Fraud

WASHINGTON–(BUSINESS WIRE)–The Financial Industry Regulatory Authority (FINRA) today warned investors about a new scam involving online job classifieds that fraudsters use to carry out identity theft and financial fraud.

In the Investor Alert Beware of Online Job Classifieds Used to Steal Your Identity, FINRA describes the latest variation of the identity theft tale. Stock traders, posing as employees of a made-up Latvian brokerage firm, appear to have stolen personal information from individuals who thought they were applying for a job through the popular classifieds website, Craigslist (www.craigslist.org).

“Investors should always be on their guard for identity theft tactics when conducting any activity on the Internet,” said John Gannon, FINRA’s Senior Vice President for Investor Education. “Investors should make sure that anyone who is asking for a Social Security number or other personal information is running a legitimate business before they decide whether to give out such sensitive information.”

According to a complaint filed by the Securities and Exchange Commission (SEC), these traders allegedly used the job applicants’ Social Security numbers, dates of birth and other information to open up online brokerage accounts. Applicants were told that the firm would need this information to conduct company “background checks” – because the firm would be entrusting them with the firm’s money. The traders appear to have communicated with their unwitting applicants only by email or fax.

After “hiring” several individuals, the firm allegedly sent funds to those individuals’ personal bank accounts using wire transfers from Russian bank accounts and a Western Union money order. The individuals were instructed to wire those funds from their bank accounts to specific account numbers – which corresponded to brokerage accounts opened with their personal information, without their knowledge.

In addition, the traders allegedly used stolen user IDs and passwords to gain unauthorized Internet access into existing brokerage accounts of unsuspecting victims. Using the new and existing brokerage accounts, the traders used sophisticated strategies to trade and manipulate the prices of a number of thinly traded stocks – at a handsome profit.

The FINRA Investor Alert issued today recommends that job seekers take the following steps to protect themselves from similar scams:

• Be suspicious of anyone asking for your personal information. According to Craigslist, many identity theft scams that have appeared on their website involve one or more of the following: an inquiry from someone far away, often in another country; use of Western Union, Money Gram, cashier’s check, money order, escrow service or similar instrument; and, a refusal by the other party to meet face-to-face before consummating a transaction.
• Know who you are doing business with. Independently verify whether a potential employer in the securities industry is legitimate before handing over any personal information. Today’s Investor Alert details a variety of online resources for verifying the authenticity of brokers and brokerage firms, investment advisers, insurance agents and insurance companies and non-U.S. financial institutions.
• Don’t Respond to Emails Requesting Personal Information. Legitimate companies will not ask you to provide or verify sensitive information through email. If your financial institution actually needs personal information from you or your statement, call the company yourself — using the number in your files or on your statement, not the one the email provides! Also, never click on links embedded in emails, no matter who the sender claims to be or if the address in the email looks right. These links may actually take you to a spoofed or fake website. You should always type in a web address yourself, directly in the web browser address bar.
• Ask questions. When an individual or entity asks for your Social Security Number, ask the following questions: Why do you need my SSN? Will you accept a different form of identification (such as a telephone number, driver’s license or passport)? If “no”, why not? How will you use my SSN? How do you protect my SSN and other information from being stolen or misused? What will happen if I don’t provide my SSN?
• Order a copy of your credit report. It’s a good idea to check your credit report every year. Look for accounts you did not open and any unexplained transactions.
• Review your account statements. This is your last line of defense. If you are victimized, the sooner you catch it, the better. Regularly review your online account information for unauthorized trades, cash withdrawals, or any other unrecognized activity. Do the same as soon as you receive each monthly or quarterly statement. Immediately report any suspicious activity to your brokerage firm.

Individuals who believe they’ve become a victim of identity theft should respond quickly. Valuable tips and step-by-step instructions are available on the Federal Trade Commission’s Identity Theft Website and on FINRA’s online Identity Theft Checklist. Individuals who become victims of a brokerage firm identity theft scam should contact FINRA’s Complaint Center, the Securities and Exchange Commission or their state securities regulator.

by Nick Fishman

I just read an article out of the Edmonton Sun about a city bus company that hired a driver through a contractor.  The driver subsequently was terminated and is sure to be prosecuted for molesting a child.  It turns out that the contractor never performed a background check.  (See full story)

This is a horribly regrettable situation, but hardly one that isn’t being repeated every single day.  Employers are forgetting to ensure that their contracted employees are being screened and if they are, they are not asking how and when they are being screened.

I just wrote an article about this exact topic and invite you to read it.

My Contractor Said They Performed a Background Check

by Nick Fishman

Employers Cut Fewer Jobs In April, Jobless Rate Falls

Economists seem to be encouraged by the U.S. Labor Department announcement that only 20,000 jobs were lost in April. They were expecting losses of up to 75,000 jobs. 81,000 jobs were lost in March. I guess this is good news for all of us and the economy as long as we aren’t one of the 20,000 people who lost our jobs.

Hopefully there will be more good news to follow in the coming months.

See the Labor Department Release

See the Commissioner’s Statement

by Natalie Beck

Yet another shining example of someone working with children that should not have been. This just goes to show that school officials should make sure that the proper screening procedures are followed before a person is placed in a position of authority at a school. It’s one thing for the employee/volunteer to have a criminal past, but quite another when this person is contributing to the delinquency of those he is supposed to be supervising.

Click here for the story