Q: What is Negligent Hiring?
Negligent hiring is defined as an employer's failure to exercise reasonable caution when hiring an employee. Today, courts are increasingly holding employers financially and legally responsible for illegal or violent actions by employees who were not subjected to reasonable pre-employment screening. Basically, the courts are declaring that the employer is legally responsible for what they know and what they should have known about their employees. If an employee causes harm to another employee or customer, and the employer knows or should have known that the individual was a risk--the courts have found the companies liable--and can require the company to pay thousands, hundreds of thousands, or even millions to the plaintiff. Employers in negligent hiring cases lose over 70% of lawsuits.
Q: How Can Employers Avoid Negligent Hiring Liability?
A: Employers can protect themselves from negligent hiring liability by thoroughly checking references and verifying all pertinent information about each job applicant before making a job offer. A criminal records search should be conducted for each place of residence a candidate has lived at for at least the last seven years. Employers should perform a minimum of three business or professional references, with whom the applicant has actually worked with on a daily basis within the last seven years. In addition, employers should also confirm all degrees and licenses claimed by the applicant. By taking these simple steps, every employer should be able to clearly demonstrate that reasonable care was used in the hiring process. Avoiding negligent hiring liability requires advance planning and the employer's ability to show that they did not neglect their responsibility to properly screen employees.
Q: How Much Does a Background Check Typically Cost?
A: A thorough, comprehensive background check performed by Info Cubic usually costs less than a new employee's first day of work. This upfront cost is far less than the cost of hiring a bad employee. The U.S. Department of Labor figures that the average cost of a bad hire is 30 percent of the new employee's first year earnings. Companies who do not utilize an effective employment-screening program to help make informed hiring decisions are more likely to hire "bad" employees, which can ultimately cost the company thousands of dollars.
- Q: Why should I screen my employees with an employee background check?
- A: 67% of criminals released from prison in 1994 were re-arrested for at least one serious crime within the next three years (Bureau of Justice Statistics, 6/2/02)
- The National Crime Victimization Survey, released by the U.S. Department of Justice in December of 2001, analyzed workplace violence from 1993 to 1999. On average, 1.7 million violent incidents per year were committed against employees at work.
- Nearly 60% of sex offenders are under conditional supervision (probation or parole) in the United States. (Bureau of Justice Statistics)
- 30% of business failures are due to poor hiring practices. - Department of Commerce
- According to a recent study, 67% of job applicants and resumes in the U.S. contain misrepresentations. - American Psychological Association
- The average organization loses more than $9 per day, per employee and 6% of its annual revenue to fraud and abuse. - Association of Certified Fraud Examiners
- On-the-job violence costs employers $36 billion each year. - Workplace Violence Research Institute
- The average award in a workplace violence lawsuit exceeds $1 million per case. - Workplace Violence Research Institute
- Drug users cost 300% more in medical costs and benefits. - Crain's Cleveland Business
- According to a national survey, American retail employees stole $10.4 billion in a one-year period. - University of Florida
- 70% of illegal drug users have full-time jobs. - New York Times
- 38%-58% of on-the-job injuries can be attributed to alcohol/drug abuse. - Business Insurance
Q: Do I need to fax you the release my applicant signed?
A: Generally speaking no. There are a select few searches where we require a signed release form in order to complete your request. However, in accordance with the Fair Credit Reporting Act you must have your applicant's express written permission to access any of their background check information when making a hiring decision. You must keep this signed release form on file for at least 3 years if you do not hire the individual. If you do hire the individual, you should keep their signed release form in their personnel file for as long as they remain employed with your organization. From time to time, we may request copies of the documents for audit purposes.
Q: How long until my account is active?
A:Once we receive your signed Client Service Agreement we will activate your account within 3 business hours. Background Info usa reserves the right to deny your account application whenever it is in our best interest.
Q: How do I decide whether to run a county or statewide criminal search?
A: Both of these searches involve criminal records containing similar misdemeanor and felony conviction information. While both products generally yield the same case information on a subject, your chances of finding criminal record information will be greater if you follow these simple guidelines:
If you are relatively certain your subject was tried for a criminal offense in a particular county, choose that county for a criminal records search. This is where the actual court records are filed and are hand-checked by our qualified court records researcher.
If you are relatively confident your subject was tried for a criminal offense in a particular state, but are unsure of in which county, or if the subject has moved around the state several times, try a statewide criminal search. This search has a much wider geographical focus and will cover every county courthouse in the state. A statewide criminal search is more cost-effective than ordering several county criminal searches.
If you are fairly certain that your subject was convicted of a violation quite recently, then you should order a county criminal search. The biggest difference between statewide and county criminal records has to do with how quickly criminal records are made available. When a person is convicted of a criminal offense the trial takes place at the county level. When a person has been convicted, this court record information is generally filed and made available at the county courthouse shortly after the conviction. However, the county courthouse may not report this criminal record information to the statewide criminal repository for several days or weeks. Each state has different requirements regarding how quickly counties need to report court record information.
Please note: not all states require their county courts to report to their statewide criminal repository. Therefore, statewide criminal record information may not be available in states such as AK, CA, DE, NV, NY, SD and WV.
Q: I am looking for criminal records for someone who has committed a crime in one county but is incarcerated in another county. Which county should I search?
A: You should search in the county where the crime was committed, NOT the county where they may be incarcerated. The county where the crime was committed will handle the criminal case and will therefore have the criminal record information. If you are unsure of which county the crime took place in, a statewide criminal search may be a good option to find the criminal record.
Q: I know that someone has been arrested in the past. Will this report show that?
A: Arrest records will not be provided. The only criminal record information provided will be related to criminal convictions. If a person was arrested and then released without being convicted, this information will not be reflected in our reports. Depending on the county courthouse, arrest records may occasionally be returned if the case is still ongoing or awaiting trial. Since a person is innocent until proven guilty, arrest records should never be used to make a hiring decision. Only criminal convictions should be used in making decisions.
Q: Do you use database searches for your criminal record searches?
A: We do offer instant criminal database searches. However, our county and state criminal record searches are all conducted by hand-searching criminal records directly at the courthouse. By hand-searching records directly at the courthouse, our experienced researchers can ensure that we are providing the most accurate and up-to-date information possible.
Q: Does your criminal records search include misdemeanors and felonies?
A: Yes. Statewide and County criminal records will include both misdemeanor and felony conviction information.
Q: How far back does your criminal record searches go? Can I use records beyond 7 years to make hiring decisions?
A: All criminal record searches will go back at least 7 years. Background Info USA will provide criminal record information going as far back as the courthouse allows. Each courthouse varies how long they maintain criminal records on file.
The Federal FCRA guidelines allow you to make hiring decisions on criminal conviction information going beyond 7 years. However, State FCRA laws in CA, KS, MD, MA, MT, NH, NM, and NV restrict employers to only using the last 7 years of criminal record information for making hiring decisions.
The following States allow a look-back further than 7 years if the subject earns or is expected to earn a particular threshold amount:
CO: $75K income exception
NY: $25K income exception
TX: $75K income exception
WA: $20K Income exception
Q: How will I order search requests?
A: Search requests can be ordered via our website, phone or fax. We recommend ordering searches online since it is the easiest and most efficient way to order background checks. Our online system is powerful, secure and extremely easy to use.
Q: How will my searches be returned?
A: Competed reports can be returned via email, fax or mail. You have the option of having completed results sent to multiple people. In addition, if you order several searches for the same individual, you have the choice between having only the completed report returned or having each individual search returned as they are completed.
Q: Can your system automatically send my applicant a copy of their background check? A: Yes. If you input your applicant's email address into the system when you are ordering their background check, it will automatically email the applicant their completed report.
Q:How long will completed reports be stored in your system?
A: All of your completed reports will be stored indefinitely. With our system you will never have to worry about losing an employee's completed background check again.
Q:I forgot to order a search for an applicant whose report has been completed, do I have to enter their information again?
A: No. Our system allows you to add additional searches to a completed profile at any time without having to reenter all of their personal information. For example, some companies perform an annual background check on all of their employees. With our system they can pull up each employee's profile and order a new search without having to reenter all of his or her information. This feature saves clients a lot of time and energy.
Q:What are my payment options?
A: Your account can be setup to pay by credit card each time you order a search, or we offer a monthly or bi-monthly invoicing option. With our online payment option, you will always be able to view your invoice and pay it online at any time.
Q: The search I requested provided no results, will I still be charged for the search?
A: Yes. Whenever a search is ordered you will be charged for the service requested. Whether a record is found or not, costs have been incurred in order to complete the search request.
Q: What is the Fair Credit Reporting Act (FCRA)?
A: The Fair Credit Reporting Act, which is enforced by the Federal Trade Commission (FTC), provides the guidelines employers need to follow when performing employment screening. The FCRA requirements apply whenever an employer requests a "consumer report" or "investigative consumer report" from a consumer-reporting agency such as Background Info USA. A "consumer report" includes any written, oral, or other communication of any information by a consumer reporting agency regarding a consumer's credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living which is used as a factor to establish the consumer's eligibility for employment. The FCRA requires that employers must comply with certain reporting requirements when using a consumer-reporting agency to screen employees or applicants. To obtain a consumer report from a consumer reporting agency, the employer must first provide certification to the consumer reporting agency that the employer:
- Is requesting the report for employment purposes (which includes evaluating an applicant or employee for employment, promotion, reassignment, or retention as an employee).
- Has provided the required disclosure to the applicant or employee.
- Has obtained the necessary written authorization to request the report.
- Will provide the applicant or employee with a copy of the report and a written description of the applicant or employee's rights before taking any adverse action based in whole or in part on the report.
- Will not use the information from the report in a manner that violates federal or state equal opportunity laws.
The FCRA requires any employer intending to obtain a consumer report to first make a clear and conspicuous written disclosure to the applicant or employee that a consumer report may be obtained for employment purposes. The disclosure cannot be included in an employment application or other document that contains additional information. The employer must also obtain the employee's or applicant's written authorization before obtaining the report.
Q: Is Background Info USA FCRA-compliant?
A: Yes. Background Information USA is fully FCRA-compliant. As a consumer-reporting agency, Info Cubic abides by all Federal and State regulations set forth by the FCRA. In addition, we are FCRA experts will help to ensure that your organization always remains fully FCRA-compliant. We provide all necessary forms to keep your company fully compliant with the FCRA. Furthermore, whenever there are any changes to the FCRA, Background Information USA keeps our clients abreast of these changes via a newsletter. This way our clients can screen their employees with the utmost confidence.
