Don't Hire a Crook : How to Avoid Common Hiring (And Firing) Mistakes

by Demey, Dennis L.

• ISBN13: 9781889150093
• ISBN10: 1889150096
• Edition: 1st
• Format: Paperback
• Copyright: 1999-01-01
• Publisher: NATIONAL BOOK NETWORK

Summary

A powerful book that provides protection for business of all types and sizes. Without bogging down the reader in rhetoric, this work tells the truth about how to spot lies on applications, avoid illegal questions, verify credentials, and legally access criminal and credit records. Complete coverage includes how to manage post-hiring problems, conduct corrective interviews, deal with grievances, and administer the exit interview report.

Table of Contents

Forward	7	(1)
Before You Start	8	(2)
A Few Words About...Recruitment	10	(1)
Why Sound Recruitment is Important	10	(1)
Before Looking at Candidates	11	(1)
Using Classified Ads	11	(1)
Using Community & Colleges Sources	12	(1)
How Does Microsoft Recruit Employees?	13	(1)
The Bottom Line	13	(1)
SECTION ONE: THE 3 STAGES OF THE HIRING PROCESS	14	(1)
STAGE ONE: GATHERING INFORMATION	15	(20)
Documentation	16	(5)
Establish Paperwork Policies & Stick to Them	17	(1)
Require that All Forms Be Completed	18	(3)
The Basic Application Form	21	(4)
The Purpose of the Application	21	(4)
Include a Place for the Social Security Number	21	(1)
Importance of the Signature Line	22	(1)
Ample Space vs. Additional Forms	23	(1)
Subject Areas To Avoid	23	(2)
Other Critical Pre-Hiring Forms	25	(10)
Applicant Waiver	25	(2)
A closer look at the Applicant Waiver	26	(1)
Employment Eligibility Verification (I-9)	27	(2)
A closer look at the I-9 Form	28	(1)
Other Release Forms	29	(4)
A closer look at the General Release Form	30	(1)
Sample Specific Release: Criminal Release Form	31	(2)
Applicant/Resume Evaluation Form	33	(2)
A closer look at the Applicant/Resume Evaluation Form	33	(2)
STAGE TWO: VERIFYING THE INFORMATION	35	(70)
Pre-Employment Screening	37	(7)
Develop a Company Screening Policy	38	(1)
Components of a Pre-Employment Background Check	39	(3)
Which Screening Options are Applicable	39	(1)
What are the Geographic Boundaries of the Search?	40	(1)
Who Will Screen?	40	(2)
Before you go on---Beware of Fake Ids	42	(2)
How to Do a Proper Background Check	44	(42)
Document, Document, Document	44	(2)
Social Security Number Verification	46	(5)
What to Look for in the Results	47	(4)
Credit History Checks	51	(2)
The Bureaus	51	(1)
Consumer Reports vs. Credit Reports	52	(1)
Employment History Verification	53	(6)
Verifying Employment by Phone	53	(2)
A closer look at the Pre-Employment Check by Phone	55	(1)
Verifying Employment by Mail	56	(1)
Problems With Verifying Prior Employment	57	(1)
What About Personal References?	58	(1)
Criminal History Checks	59	(6)
How to Perform a Criminal History Search	61	(2)
A Few Comments on Negative Findings	63	(2)
Local Police Record Request	65	(2)
A closer look at the Local Police Record Request	66	(1)
Verification of Educational Background	67	(3)
Obtaining the Information Necessary	68	(1)
A closer look at the Request For Educational Verification	69	(1)
Confirmations of Professional Licenses & Registrations	70	(4)
The Privacy Question	71	(1)
What Information May Be Available	71	(1)
Licensing Agency Search Fees	72	(1)
Types of Licensing, Registration & Certification	72	(1)
Other Means of Licensing & Registration	73	(1)
Military Service Records Check	74	(3)
Request For Military Records form (Front)	75	(1)
Request For Military Records Form (Reverse)	76	(1)
Motor Vehicle Reports	77	(5)
How to Obtain a Driving Record	77	(1)
Sample Driving Record Abstract	78	(2)
What to Look for on the Record Abstract	80	(2)
Civil Record Searches	82	(3)
Civil Court Searches	82	(1)
Lien and Judgment Searches	83	(1)
What to Look For in Civil Records	84	(1)
Type of Case	85	(1)
Record Location	85	(1)
Testing Methods	86	(10)
Psychological Testing	86	(3)
Reid Psychological Systems	86	(1)
The Abbreviated Reid Report	87	(2)
Drug Testing	89	(5)
Is Drug Testing Important to Business Today?	89	(1)
Establish a Drug Testing Policy	90	(1)
When Drug Testing May Be Administered	91	(1)
Technologies Used for Drug Testing	91	(1)
The Other Side	92	(1)
Keep In Mind	92	(1)
Web Sites Related to Drugs & the Workplace	93	(1)
Other Methods of Testing	94	(2)
Handwriting Analysis	94	(1)
Skills & Aptitude Testing	94	(1)
Lie Detector Tests	94	(1)
Untested Applicant Results	94	(2)
The Interview	96	(9)
Before The Interview	96	(9)
Working in Groups	96	(1)
Computer-Assisted Interviewing	97	(1)
Computer-Assisted Employment Contracts	97	(2)
A Guide to Proper Questioning	99	(3)
What You Should Ask	102	(1)
Give the Applicant Time to Ask Questions	103	(1)
Questions After the Interview	103	(2)
STAGE THREE: MAKING AN OFFER OF EMPLOYMENT	105	(34)
After the Decision	107	(10)
Rejecting Candidates	108	(1)
Rejection Letter Sample	108	(1)
Before Hiring	109	(1)
Hiring a Candidate	109	(1)
Orientation	110	(2)
Probationary Employment	112	(1)
Job Descriptions	113	(4)
Duties & Responsibilities	113	(2)
Specifications & Requirements	115	(1)
Ready-Made Job Descriptions	116	(1)
Proper Forms	117	(14)
New Employee Record Chart	117	(1)
A closer look at the New Employee Record Chart	117	(1)
Employee Data Sheet	118	(2)
A closer look at the Employee Data Sheet	119	(1)
Induction Form	120	(1)
A closer look at the Induction Form	120	(1)
Confidentiality & Non-Compete Agreements	121	(3)
A closer look at the Confidentiality Agreement	122	(1)
A closer look at the Non-Compete Agreement	123	(1)
New Hire Reporting Requirements	124	(3)
New Hire Reporting Offices	125	(1)
A closer look at the New Hire Reporting Form	126	(1)
Other Areas to Consider	127	(2)
Hours of Employment	127	(1)
Pay Rate	127	(1)
Benefits	127	(1)
Sick Leave	127	(1)
Holidays	127	(1)
Vacation	127	(2)
Retention Efforts	129	(2)
A Few Words About Dress Codes	130	(1)
Summary of the Three Stages	131	(8)
Stage 1 - Gathering Information	131	(1)
Stage 2 - Pre-Employment Screening	132	(1)
Stage 3 - Making an Offer of Employment	133	(5)
Sample Company Hiring Policy	138	(1)
SECTION TWO: IF PROBLEMS DEVELOP	139	(19)
Unsatisfactory Performance	140	(13)
Reasons for Unsatisfactory Performance	140	(2)
Performance Reviews	142	(6)
Designing a Performance Review Form	142	(4)
Sample Performance Review Form	146	(2)
What to Do If You Find a Discrepancy	148	(4)
Corrective Interviews	148	(1)
How to Conduct Corrective Interviews	149	(1)
A Motivational Approach to Discipline	150	(2)
How to Handle a Grievance	152	(1)
Termination	153	(5)
Legitimate Reasons for Dismissal	153	(1)
Employment At-Will	153	(1)
Restrictions On The Right To Terminate At-Will	154	(1)
Common Law Limitations	155	(1)
Exit Interviews	156	(2)
Exit Interview Report	157	(1)
SECTION THREE: ABIDING BY THE LAW	158	(34)
Legal Issues Explained	159	(23)
Important Federal Discrimination Laws	159	(10)
Other Major Statues	169	(5)
Industry Specific Requirements	171	(1)
Advisories	172	(2)
Legal Issues Affecting Employees	174	(3)
Record Retention Requirements	174	(1)
Inspections	174	(1)
Employee Searches	174	(2)
Hours of Employment	176	(1)
AIDS	176	(1)
Surveillance	177	(1)
FCRA Explained	177	(5)
Who is Affected?	177	(1)
What, Exactly, is a Consumer Report?	177	(1)
The Three FCRA Notices	178	(1)
The Process	179	(3)
Workers' Compensation Issues	182	(10)
Tips on Reducing Workers' Compensation Fraud	182	(2)
Which Employees Commit Fraud the Most?	182	(1)
Signs of Potential Fraud	183	(1)
Proactive Suggestions	183	(1)
Complying with Workers' Compensation Laws	184	(3)
The Dilemma	184	(1)
History	185	(2)
Remedies for Consideration	187	(5)
First Report	187	(1)
Report Content	187	(1)
Medical Providers	188	(1)
Lost Time Claims	188	(1)
Home Visits	189	(1)
Anticipated Results	189	(1)
Health Care Benefits	190	(2)
SECTION FOUR: TOOLS FOR VERIFICATION	192	(261)
Forms	193	(30)
Applicant/Resume Evaluation	195	(1)
Applicant Waiver	196	(3)
Basic Application	199	(1)
Confidentiality Agreement	200	(1)
Criminal Background Check Release	201	(1)
Employee Data Sheet	202	(1)
Employee Eligibility Verification (I-9)	203	(2)
Exit Interview	205	(1)
General Release Form	206	(1)
Induction Form	207	(1)
Local Police Information Request	208	(2)
Military Records Request	210	(1)
New Employee Record Chart	211	(1)
New Hire Reporting	212	(1)
Non-Compete Agreement	213	(2)
Performance Review	215	(1)
Pre-Employment Check by Phone	216	(1)
Rejection Letter Sample	217	(1)
Request For Education Verification	218	(1)
Request For Information	219	(1)
Substance Abuse Screening Test Consent	220	(1)
Workers' Compensation Release	221	(2)
Social Security Number Allocations	223	(8)
Using A Pre-Employment Screening Company	231	(34)
Profiles of 134 Screening Companies	233	(32)
State Criminal Record Agencies	265	(8)
State Motor Vehicle Record Agencies	273	(12)
Accredited Educational Institutions	285	(168)
Credit Report Designations	453	(4)
State Public Record Restrictions Table	457	(2)
Recommended Resources	459

Excerpts

Chapter One

Stage One: Gathering Information

1 Gathering Information

2 Verifying Information

3 Making An Offer of Employment

Documentation

The Foundation of Proper Employment

One of the business trends that began in the late sixties and eventually took root was the desire to minimize paperwork. Everyone seemed to be in a hurry; paperwork only slowed things down. The results of this trend have negatively impacted the hiring process and the workplace.

Many companies have reduced personnel paperwork to a bare minimum. Yet, the information absent from an employee's personnel file may cost him or her thousands of dollars during the term of employment.

EXAMPLE: When a new employee fills out his or her W-4 form, the supervisor often only asks for the name, address and Social Security Number. However, if specific dependent deductions are incorrect, an employee's wages may be over or under deducted, ultimately costing him or her money at tax time.

Likewise, these missing documents can cost the employer an even larger amount. If an employer fails to be specific when identifying employee dependents, necessary benefits coverage may be lost. Judges and arbitrators have ruled against employers who are not able to produce proof to support their actions. Lack of paperwork has impacted litigation based on equal pay, civil rights, workers' compensation and more. Hundreds of thousand of dollars have been awarded because vital information was missing or not obtained prior to employing an individual. A common instance occurs when an employer is not careful in verifying the Social Security Number provided during the payroll process, an employee's benefits are assigned to someone with a similar number.

In any legal action that involves wage and hourly claims, discrimination or class action suits, government agencies and the courts can compel an employer to produce related personnel records, by subpoena if necessary.

Discrimination laws exist at both the Federal and State government levels. these laws lead to class action suits that originate from groups of current employees, former employees and applicants. The ever-present possibility of such suits makes it imperative that employers document their actions from the time of hire to the time of termination.

HOT TIP

In contemporary employee selection, paperwork is your foundation for success and may be your best defense against challenges.

In reviewing their company's personnel practices, employers should always keep in mind the goal of protecting against judicial imposition. However, defensive personnel policies alone will not prevent unfair discharge litigation or union grievances. Still, if the employer focuses on maintaining good internal relations with employees, he or she can help eliminate many of the major sources of potential problems.

If you are an employer and haven't taken time to formally examine and design the employment paperwork used by your company, it is imperative that you make time to do so right away. There may be questions on the forms that are illegal, essential items may be missing, or something simple, like more room to write, may be necessary.

-- Establish Paperwork Policies & Stick to Them

Employers should establish firm policies regarding what paperwork and procedures they will use during the recruiting process, through the application and hiring process, and beyond. Policies must be written and maintained to be effective and avoid ambiguity. Once established, these policies should be strictly enforced. Consider the psychological effect. If a company makes a greater effort to be consistent about following its policies, then shouldn't it follow that its employees and the members of its community, mindful of that example, will reciprocate by a show of greater respect for following rules and policies?

EXAMPLE: Suppose ABC Company's policies state that "any applicant who is caught omitting a past employer on his or her application must be rejected." Mr. Horvath, ABC Company's personnel manager, interviews a promising candidate named Mr. Rosetto. However, Mr. Horvath learns during the screening process that Mr. Rosetto excluded a past employer from his application. Adhering to company policy, Mr. Horvath decides not to hire Mr. Rosetto and follows it up with detailed documentation. Mr. Rosetto is upset and complains to people he knows. The word spreads that ABC Company is "not to be fooled with," which attracts good applicants and discourages the bad ones.

In the above example, Mr. Horvath performs several actions that are beneficial to ABC Company. First of all, he sticks to company policy, helping to establish positive expectations within the community and the workforce. Secondly, Mr. Horvath protects ABC Company by documenting his actions. Were Mr. Rosetto to pursue litigation, Mr. Horvath would not have to rely on his memory to recount the steps he took. In other words, the case would not boil down to the word of Mr. Horvath versus the word of Mr. Rosetto. Mr. Horvath would have evidence to support his claims.

-- Require that All Forms Be Completed

Insist that all blanks on the forms be completed. At the top of the forms, include some text to explain that applications not completed in full will not be accepted. For example,

"All blanks on this form must be filled in completely or it will not be processed. If an item does not pertain to you, write `N/A' in the blank provided. Additional or explanatory information may be included on the reverse or on separate sheets."

Have a person, designated as an "intake person," review the application for completeness. Any blank items should be marked with ink and returned to the applicant for completion.

Items that are often left blank include the names of former supervisors, as well as the addresses and telephone numbers of past employers. These pieces of information are important to the verification process, and, if the applicant does not provide them, it costs additional time and money to complete the process.

There is really no logical reason for the information to be neglected. Applicants surely know the names of their former supervisors given that, with the exception of entrepreneurs, most employees have a supervisor of some kind. They should know the phone numbers of their past employers since they used them to call in sick, report from the field or find out the latest on a project. If they want the job bad enough, they will and should supply this information. If they don't, then they probably weren't right for the job anyway.

In fact, an incomplete application may be an indicator of the applicant's worthiness. Perhaps the applicant is careless or does not pay enough attention to detail. Likewise, he or she may be trying to hide something, something that may cost your company severely.

HOT TIP

If the subject "forgets" to provide his or her signature, doubt should be raised. The absence of a signature makes the documents worthless, and therefore may be a deliberate attempt to deny responsibility for questionable actions he or she might commit in the future.

If the company requires that all portions of the application be complete, a surprising number of applicants will find a reason to leave without having finished the paperwork. Depending on the text of the forms they are asked to sign, they might realize that the employer is going to do a criminal history check or verify their educational background. If an applicant leaves at this point in the process, it may not be clear what the "problem" was, but rest assured that one just went away.

WARNING

Consistently require the same set of forms for every applicant. Failure to do so could be viewed as negligence or even discrimination.

Also, include all the forms that will be required in the initial application packet. Why? Chances are, if the applicant has a reason for not wanting to submit to a criminal check, education verification, drug test or some other procedure, he or she will not return with the completed paperwork. Thus, the employer has saved the time and the $25-150 involved in the verification process, simply by demonstrating how extensive it is from day one

EXAMPLE: Lies --Where There's One, There May Be More

Sally fills out an application for employment, but chooses not to include a local bank as one of her previous employers. Her prospective employer discovers her deception and requests an employment verification from the bank. The bank reports that Sally only worked there for three months and had poor attendance during that time. In fact, eventually she never returned to work.

When confronted with this information during a second interview, Sally admits that she's been untruthful. She explains that at the time of her employment at the bank, she was going through a divorce. She had two children, one of which was pre-school age, and since her family was not in the area, she had a great deal of difficulty with childcare. The stress and demands of being a single mother made it impossible to work full time, and she had been unable to find a part-time position. Thus, she took the job at the bank and performed poorly. Ultimately, she moved closer to her family, hoping to reorganize her life. She was embarrassed about the situation and remains so.

There is an emotional appeal to Sally's story. One can understand the difficulty of raising children alone and making ends meet. However, what if what Sally said was yet another attempt at deception?

Perhaps Sally, in concert with others, actually defrauded the bank through a phony loan scheme. In the end, she agreed to resignation and repayment and therefore wasn't prosecuted. In this version of the scenario, the bank might be contractually obligated to keep Sally's actions under wraps, and a criminal history check might not reveal this information.

Excusing Sally's deception based on the emotions her confession elicited could cost the company in the long run. If you find yourself in this situation, think logically. Don't feel sorry for someone to the extent that you let that person get away with something he or she shouldn't. If you are about to hire someone and you've already had a situation where you've had to give him or her a second chance, the person is not a logical choice. Applicants know that they have very little opportunity to make a good impression, and that everything said or done during the application process can be a "strike" against them. Chances are, if Sally were rejected after the deception had been revealed, she would know why.

EXAMPLE: Cross Check the Details

Everything about Jack's application checks out, except the address on his driver's license is in a different county than the one in which he has claimed that he has lived for the past five years. During a discussion about the discovery, Jack explains that he is single and has often moved about, so he uses his parents' address for his license and registration rather than notify the DMV every time he moves.

Satisfactory? Maybe.

What if a Motor Vehicle Report (MVR) on Jack disclosed that his driving privileges had been suspended for numerous violations, including a conviction for Driving While Intoxicated (DWI)? Later, a closer look at a copy of his driver's license shows that his date of birth is off by 25 years. It turns out that the driver's license number given is actually that of his father, Jack Sr.

Without sound and effective hiring procedures in place, neither of these examples would have not been brought to the attention of the employer.

The point is that a well-documented consistently applied pre-employment application process will go a long way in eliminating poor hiring decisions and/or future litigation. The bottom line? Proper paperwork policies can lead to a more effective, efficient organization that is staffed with the best possible candidates.

The Basic Application Form

Its Importance & How to Hake it Work for You

The best way to insure that the hiring process is successful is to develop and fine-tune every phase of hiring and employment. No stage should be neglected. However, if there is one part of the process that deserves special attention, it is the design and use of the Basic Application Form. Why? The application is the first and most important step in establishing an honest and productive working relationship.

If an applicant is willing to deceive a prospective employer on the application itself, imagine what he or she will lie about later. Take the time to close the loopholes and catch those crooks!

-- The Purpose of the Application

Since the Basic Application provides the opportunity to stop problems before they start, prior to making any modifications to the application (as well as other forms), it is important to examine its functions. The purposes of the application are:

* To obtain information required by law and essential to government reporting.

* To secure the information necessary to participate in employee benefit programs.

* To provide the employer with contact information for regular communication and emergency situations.

* To supply information, such as a Social Security Number, that will enable verification of the applicant's statements and credentials.

* To furnish information that will assist in choosing the right candidate for the job.

If you are an employer, ask yourself, "Does my company's application(s) meet these objectives?"

Include a Place for the Social Security Number

Social Security Numbers dramatically enhance your capability to evaluate potential employees. Always include a spot for them on your application, and make sure that its position on the form is prominent and that there is sufficient space to provide it legibly.

Much of the information on typical applications can be verified by running a Social Security Number search (see page 46) or by requesting a credit report (see page 51) on the applicant. Crucial employment information such as the name, address and Social Security Number can and should be verified in this manner.

Also, running an applicant's Social Security Number through a credit bureau's verification system reveals a great deal. Statistics compiled from 500 recent background investigations performed by ADAM Safeguard revealed that 23% of the applicants used additional names not shown on the application. 29% had an address other than the one they listed. In addition, 4.9% supplied Social Security Numbers which were not theirs! Some of the numbers belonged to deceased individuals!

Yet, in the same group of applicants, prior employers were identified and easily contacted in 72% in of the cases. In many cases, the employers contacted were exactly those listed on the application.

There are many pre-employment companies that can authenticate this information for you. Shop around. Find out how extensive their verifications are and, if applicable, check for volume discounts. For more about using a vendor, see pages 231.

Importance of the Signature Line

Of course, an application should always include the applicant's signature and the date signed.

Immediately above where the signature is recorded, there should be some wording that indicates that all information provided must be true and that any attempt to deceive is reason for denial or dismissal. Here is a sample statement that may be used:

"I agree that any omission, falsification, or misrepresentation is cause for immediate termination at any time during my employment."

Additional wording should release from liability those who provide information about the applicant:

"I hereby authorize investigation of all statements at this time with no liability arising therefrom."

Also, many employers neglect to have the signature witnessed. Do not make this mistake. Should litigation arise, the witnessing of the signature and date or lack thereof could impact the case.

Ample Space vs. Additional Forms

Space on the Basic Application is precious. Before an application is put into use, fill out a sample application for yourself and see if there is truly enough room.

All applicants should be encouraged to list all previous employers and former places of residence (i.e. past addresses). How many years to go back is the up to the employer, but fifteen to twenty years is reasonable. As such, ample room for such information must be made available. If the current application is not adequate, one option is to use supplemental forms to record this information. If additional forms and/or sheets are used, make sure that each page is identified with the applicant's name and firmly attached to the application.

Subject Areas to Avoid

In recent years, the advent of both state and federal EEOC legislation has outlawed and/or restricted topics that were included in most applications. At the same time, these government agencies have not established a standard format or prescribed list of questions for an application form.

Title VII of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, age, sex and national origin. Questions pertaining to these areas are hazardous because they can lead to unlawful use (e.g. discrimination). However, the areas covered by the Civil Rights Act of 1964 are not the only ones that should be avoided.

The Basic Application should not include questions related to:

* date of birth

* arrests

* height or weight

* home or auto ownership

* gender

* marital status

* number and ages of children

* race, national origin or religious affiliation

Avoidance of these topics is also essential during the interview process. Refer to page 99 for some interview "no-nos."

Of course, the date of birth is an essential identifier. Although an employer cannot ask for the date of birth on the application, it is required on the I-9 Form (see stage two). Likewise, finding out if the applicant has a criminal record is a must. Even though one cannot ask an applicant if he or she has been arrested, one can ask, "Have you been convicted of a crime?"

All of the above topics have been challenged at one time or another by various government agencies or court rulings. There are exceptions, however. For example, the date of birth is essential to some positions. Truck drivers, bartenders and certain law enforcement officials must meet a minimum age requirement, and their age must be verified prior to employment.

Given that there are restraints on the questions which may be asked, it is essential to gather on the application form as much detailed work history and job-related information on candidates for use in the selection process.

This information can be having the applicant fill out:

1. A release form, which includes required identifiers for background screening.

2. An 1-9 form, which also includes the required identifiers.

HOT TIP

Shrewd employers require the I-9 to be completed along with the rest of the initial paperwork. Doing so, provides a great deal of information that is necessary to the verification process.

(Continues...)

Copyright © 1999 Facts on Demand Press. All rights reserved.