Factual Employment Screening – Part One

Written by Thomas C. Lawson


We have all heard in recent years thatrepparttar need for a substantive policy of conducting pre-and post-employment background checks exists in more than just defense contractor and fiduciary-based enterprises. Today, withrepparttar 135994 overwhelming preponderance of employer liability litigation, and with negligent hiring beingrepparttar 135995 focal point of round-table discussions of some ofrepparttar 135996 plaintiff’s firms,repparttar 135997 need for thorough background checks has been substantiated. This is a common sense perspective, not only fromrepparttar 135998 standpoint of gettingrepparttar 135999 best possible people forrepparttar 136000 job, but also to protect a company form this type of litigation.

In 1979, our company set out to learn how to not only providerepparttar 136001 best possible background checks, but also to determine just where “factual employment screening” would fall inrepparttar 136002 scheme of things. To understand why “screening” is where it is today, one needs a little history ofrepparttar 136003 subject.

Inrepparttar 136004 beginning, screening usually started withrepparttar 136005 security department. These were typically highly qualified, deeply motivated, wholly energetic, recently retired law enforcement professionals who were completely inundated. After being givenrepparttar 136006 entire responsibility forrepparttar 136007 safety and security ofrepparttar 136008 company, its executives and their families, they were givenrepparttar 136009 task of qualifying those who would pass throughrepparttar 136010 gates each day as employees. Since these individuals were forrepparttar 136011 most part “old boys,” they sometimes used, in today’s politically correct terminology, “improper” methods of “checking out”repparttar 136012 applicants.

This responsibility typically stayed inrepparttar 136013 security department until aboutrepparttar 136014 late 1970s, when what are now called human resources departments sawrepparttar 136015 need to get inrepparttar 136016 loop for what was to become “employment screening.” Needless to say, those “improper” methods referred to have all but disappeared in smart companies. However, due torepparttar 136017 lack of knowledge of some human resource personnel when it comes to things like criminal records, credit reports, and driving histories, some have fallen prey to those who would sell them “employment screening” atrepparttar 136018 touch of a button. As you will see later, this can pose a big problem.

Why do you need to know this simplified history? Simple – not all companies evolve equally, and in order to understand whether or not you are going to get your pilot program of employment screening to fly, you need to know whererepparttar 136019 exposure for negligent hiring will rest inrepparttar 136020 scheme of things. Talk about inner conflict – try to become thoroughly knowledgeable in eitherrepparttar 136021 security or human resources area, let alone both! These are two disciplines, which may rarely see eye to eye on anything.

But you are going to have to know both equally well if you re charged with spearheadingrepparttar 136022 drive to get your company’s management to commit to a competent policy of factually screening employment candidates, regardless of your position. In this era of “political correctness” we are often reminded that, more often than not, something cannot be “right” or “wrong” because ofrepparttar 136023 judgmental connotations those words convey. Employment screening is not immune to this distinction, but as well all know, facts are facts, and ventrepparttar 136024 best con artist can’t dispute them. This is why you must be thorough in conducting a background check.

This article will not address drug testing, psychological testing referencing, or verification work, as these areas do not yet have as many legal implications surrounding them, and most employers have their own methods which are about as unique as fingerprints. However,repparttar 136025 following recommendations are suggested for a comprehensive screening program.

Three “Must Knows”

You must knowrepparttar 136026 person’s true identity by obtaining positive candidate identification. Major recent studies have shown that as much as 20% to 30% ofrepparttar 136027 population maintains undisclosed aliases or AKAs. This is critical, since checking a wrong name for criminal convictions will yield a “no record” response almost every time. There are many ways that an identity can be verified and cross-checked without breakingrepparttar 136028 law. These are usually proprietary torepparttar 136029 vendor, but can include social security number traces, driver’s license number checks, address-telephone verifications, and a myriad of other attainable bits of research.

You must grasprepparttar 136030 person’s responsibility attitudes. This is usually best determined by a person’s payment attitudes (credit history and driving history. Beware! One argument that is encountered against running credit reports is that “minorities have it tougher.” While studies do exist that set forth deficient societal and employment opportunities which plague certain groups,repparttar 136031 fact is that if an employment candidate agrees to pay someone back after borrowing money from then, but doesn’t, it doesn’t matter what their color, race, sex, or persuasion is.

Contract Management Software: the Solution to the Problem of Coordination

Written by Joe Miller


Charles Petrie, from Stanford, released a short article entitled “The Problem of Coordination,” which highlights 4 categories in which businesses find it difficult to connect:

Interoperability

Agent Communication

Semantic Unification

Coordination

Though this article refers to a specific type of business, its principles are just as applicable to any business, especially when collaborating on a contract. Contract collaboration and management is difficult in any business, andrepparttar negotiations can go on for weeks, months, or even years. In seeking to manage contract deliberations, organization of personnel, documents, and software can make or break a clean operation.

Using Petrie’s model, this article explores howrepparttar 135993 right contract management software isrepparttar 135994 solution torepparttar 135995 problem of coordination.

Interoperability

Interoperability is defined by Petrie inrepparttar 135996 question “Can you read my data?” Search “contract management software” in Google, and in .44 seconds you will be introduced to millions of products indexed for your specific search-18,400,000 to be exact. The only problem is that they are not all compatible.

The most commonly used business software is MS office software, which coordinates email with other applications targeted toward common business needs: spreadsheets, word processing, presentations, etc. The problem cited by Petrie and applied to contract management is that businesses which work together need to haverepparttar 135997 right contract management software, which will aid collaboration within these commonly used business applications. The solution is surprisingly simple.

Agent Communication

Again, some questions: “What isrepparttar 135998 protocol? How will you find me?” In contract management, generally a draft is drawn after much negotiation and deliberation. The man or woman who is “lucky” enough to draftrepparttar 135999 contract must draw from up to thousands of documents of drafts and notes. This draft will quickly multiply into an almost unmanageable number of drafts and documents.

The old way to handle this document influx was either to file them in a drawer, paperclip them together, or pile them on your desk. This is virtually impossible to handle because it takes up so much space and is so difficult to organize. What most people don’t understand is that if you are saving these drafts electronically, you still haverepparttar 136000 same problems. It is almost impossible to manage all ofrepparttar 136001 drafts, and you may overload your desktop.

The other way protocol becomes a problem is thatrepparttar 136002 editorial cycle is really not a cycle at all but a cyclone of drafts whirling back and forth in no particular order. The likelihood of always findingrepparttar 136003 most recent draft right away is aboutrepparttar 136004 same as reaching out intorepparttar 136005 cyclone for a specific thing and finding it inrepparttar 136006 first grab. In other words, you may send several drafts to several people before any

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