Archive for November, 2007

Background Checks for Doctors

Wednesday, November 28th, 2007

Any new doctor in North Dakota will be fingerprinted and have a background check. The State Board of Medical Examiners just started the new policy this week.

The background checks will give the board the same kind information law enforcement has access to.

Legislators passed a law this year that made background checks mandatory for many positions like teachers and officers and authorized checks for other professions.

Duane Houdek with the North Dakota State Board of Medical Examiners says in the past there have been physicians who have applied to practice in North Dakota who’ve had criminal histories.

This will catch those applicants before they are hired.

(Duane Houdek / ND State Board of Medical Examiners) “That patient physician relationship is one of the closest you can have. So it is of the utmost importance that we know that persons background. If there’s any criminal activity or any charges that would lead to possible imparment of that relationship.”

Houdek says about half the states do background checks on physicians. He says this policy may help keep physicians with criminal histories out of North Dakota

 Source: http://www.kxmb.com/getArticle.asp?ArticleId=183138

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Do Background Checks Interfere With Privacy Laws?

Wednesday, November 28th, 2007

The FCRA (which governs all background agencies), mandates that a job applicant must be notified, in writing, that a background check is being done and what it may include. They must be given a “summary of their rights under the FCRA”. They must also sign a release form with identifying information. These notifications and release forms may be obtained from the background agency.
Criminal files are public records, no release is required. A signed release is required for Previous Employment Inquiries, Credit History, Education Verification and Driving History.
Bottom line, there is nothing sneaky about doing a background check. The applicant knows about it, and agrees to it, in advance. Any information provided that is used to make an employment decision must be job related. The law also requires that you notify the applicant of the decision using “Adverse Action” letters.

When you sign up with a background agency, make sure they know all applicable laws and have all forms required by law.

Remember, it only takes one bad hire to devestate your business.

Source: www.findtheliar.com

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CU to Start Background Checks on Workers

Tuesday, November 20th, 2007

BOULDER — The University of Colorado plans to make background checks a part of all hires and promotions after a former employee with a criminal history was accused of slashing a student with a knife.

The new policy will probably be in place by Dec. 1, said Gloria Timmons, director of employment services at the university’s Boulder campus. 

Kenton Astin, 39, was accused of attacking freshman Michael Knorps on the Boulder campus on Aug. 27, the first day of classes. Knorps was hospitalized briefly.

Astin had been a temporary worker in the CU food court earlier in the year. In 2001, he was sent to the Colorado Mental Health Institute in Pueblo after allegedly stabbing a Longmont man.

Astin faces charges of attempted murder and assault in the attack on Knorps. Astin is undergoing an evaluation at the mental health institute.

Current university policy requires background checks for applicants seeking security-sensitive positions, such as patient or child care jobs, or positions with access to drugs, master dormitory keys or confidential data.

Boulder campus Chancellor Bud Peterson announced after Astin’s arrest that the background check would be changed.

The University of Colorado System, which oversees all three CU campuses, is also reviewing background-check policies.

-Rocky Mountain News

Source:http://www.rockymountainnews.com/news/2007/nov/19/cu-start-background-checks-workers/

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How an Employee Background Check Works

Thursday, November 15th, 2007

Over the past few years pre-employment background checks have gained significance for employers big and small. Companies can either execute the required activities in-house or can outsource them to Human Resource companies that specialize in carrying out background checks. There is a lot of paper-work, co-coordination, and follow-up that goes into conducting a background check and for these reasons companies prefer to get the job done by an outside agency.

The background checks have to be done in accordance with the Fair Credit Reporting Act (FCRA). According to the FCRA, an individual who earns less than $ 75,000 per annum cannot be reported for criminal acts that are more than seven years old. Also, the checks can only be done with the signed consent of a job seeker.

Companies that wish to execute background checks should do so as a matter of policy and should make this known to job seekers. This acts as a deterrent for applicants who intend to hide information. If an external agency is hired to do the check then one should check if the agency is compliant with FCRA requirements, relevant state and federal laws, and the equal employment opportunity laws. The sources from which the company obtains its information should be verifiable. Normally, the information is acquired from consumer reporting agencies that report on education, credit history, and criminal records. A standard employee background check verifies driving and credit records, employment background, Social Security Number, education, and military background. The check can also include drug tests and checking on references provided.

The nature of the background check varies with job requirements. For example, drivers are normally subjected to a reference check that is more strict and their motor vehicle records are looked at more closely. Similarly, the credit records of accountants and those who may be required to manage a company’s finances are scrutinized more than the records of others.

When availing the services of an outside agency, factors such as the extent of the check, nature of information desired, contact points at both ends, and person assuring the accuracy of information provided should be decided beforehand. The contract between an employer and a third party Human Resource company should address privacy and discrimination laws, timeframe for submitting information, indemnities, insurance against errors and omissions, and evidence of professional liability. Employers should compare the data obtained from various sources during the process of a background check.

Information in a job applicants resume should be checked with facts stated in the job application. There should be no inconsistencies in the information provided in the cover letter and facts offered during the interview. Common things that are cross-checked include the Social Security number, education, and the date of birth.

Stanley Alpin recommends Background Check Guide for more information on ordering an employee background check.

Source:  http://EzineArticles.com/?How-An-Employee-Background-Check-Works&id=196204

By Stanley Alpin

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Ex-caregiver gets prison for theft: Judge blasts agency for hiring caregiver without checking criminal record

Wednesday, November 14th, 2007

A former caregiver with a history of arrests has been sentenced to a year behind bars for stealing from an elderly couple, but not before the judge lashed out at the agency that endorsed her without conducting a criminal background check.

Enfield Superior Court Judge Howard Scheinblum sentenced the former caregiver, Elizabeth Arter, 45, of Hartford to a year behind bars last Thursday for cheating the elderly Granby couple out of $800 while she provided medical care for them in 2006.

Arter was convicted of fourth-degree larceny in the case. But what perturbed Scheinblum more than Arter’s crime was that Jewish Family Services of Hartford, a referral agency with a bank of caregivers, had endorsed Arter even though she harbored a lengthy criminal history. At that time the agency had not conducted a criminal background check on Arter.

“Health care providers need to do a better job on background checks,” Scheinblum said in Superior Court. Arter’s criminal history includes multiple charges of larceny, possession of marijuana, prostitution, and breach of peace, according to the affidavit supporting her arrest.

Officials at Jewish Family Services said they take the matter “very seriously,” and have since implemented criminal background checks for the caregivers they refer.

Previously, they had relied on strong references and traditional background checks, Anne Danaher, executive director of Jewish Family Services, said Monday.

The company began conducting criminal background checks of its caregivers in September 2006, about two months after the incident involving Arter.

“At the time when (Arter) was working through us, we didn’t do criminal background checks,” Danaher said. “Now we look extensively into their criminal backgrounds.”

Last year Arter forged a $600 check and charged the couple an extra $200 for her services, the affidavit says. At the time, she was acting as an overnight caregiver in the couple’s Granby home.
She was hired to provide care for the elderly husband, the affidavit says.

Arter charged the couple $600 for her services, which were only supposed to cost $400, the affidavit says. After contacting Jewish Family Services, the couple was refunded $200, the affidavit states.

A month later, when the elderly woman was looking over her bank account balance she noticed a $600 discrepancy, the affidavit says. Her bank found later that it was a forged check, endorsed to Arter, the affidavit states. Arter was originally charged with fourth-degree larceny and second-degree forgery in the case.

During the sentencing hearing, Arter’s lawyer, Carmine Giuliano, told Scheinblum that Arter had a drug problem and should be commended for seeking treatment and “trying to straighten herself out.”

“She never had any self-esteem,” he said of Arter. “She deserves another chance, despite her record.”

But Scheinblum stood behind his decision.

“I give you credit for trying to turn yourself around,” he told Arter in court. “But I can’t ignore your offense.”

By: Jenna N. Carlesso, Journal Inquirer

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