Private, Off Duty, and Not Unlawful Conduct Posted without Consent on Internet not Grounds to Terminate Teacher
By Lester Rosen, ESR President The boundaries of using the internet for employment decisions was tested in a Michigan case involving the termination of a teacher that was photographed without her consent at an adult party engaged in a simulated sexual act, where students were not present and the conduct was not unlawful. Although the case is [...]
Categories: Best Practices, Recent Posts, Social networking sites, State laws Tags:
Adverse Action Letters under the Fair Credit Reporting Act (FCRA) and Employment Screening Background Checks
By Lester Rosen, ESR President From the ESR mail box: Here is a frequently asked question dealing with the federal Fair Credit Reporting Act (FCRA) and the pre-adverse and post-adverse action notices. Suppose an employer has two finalists for one position. The employer submits both names for background checks and both candidates have clear background reports. The [...]
Categories: adverse action, Best Practices, Fair Credit Reporting Act (FCRA), Recent Posts Tags:
Background Check Expert Lester Rosen to Present at Human Resources Meeting on Social Networking Sites
By ESR News Staff Employment Screening Resources (ESR), a leading international employment screening background checking firm headquartered in the San Francisco area, announced that its president, Lester Rosen, will be presenting before the Mt. Baker SHRM Chapter in Bellingham, WA on August 11, 2010. The Mt. Baker Chapter of SHRM is a chapter of the Society for Human Resource [...]
Categories: ESR, Lester Rosen, Recent Posts, Social networking sites Tags:
New Twist on Outsourcing in Japan: Sending Workers Offshore to Cheaper Locations
By Lester Rosen, ESR President In a number of blogs, Employment Screening Resources (ESR) has discussed why employer should very carefully consider the dangers of utilizing an employment screening process that sends applicant data off-shore for processing. Such a practice puts the employer at risk. Making Personal and Identifiable Information (PII) available to off-shore operator beyond [...]
Categories: offshoring, personally identifiable information, Privacy, Recent Posts Tags:
MA Regulations Require Businesses to Have Information Security Program to Protect Personal Information
By Lester Rosen, ESR President The Massachusetts Offices of Consumer Affairs and Business Regulations (OCABR) recently passed regulations that went into effect March 1, 2010 and are aimed at safeguarding the personal information of Massachusetts residents by requiring a business to have a Written Information Security Program (WISP) to protect personal information. The ‘STANDARDS FOR THE PROTECTION [...]
Categories: Consumer protection, information security, personally identifiable information, Privacy, Recent Posts, State laws, WISP Tags:
Can Employers Automatically Exclude Job Applicants with Criminal Records?
By Lester Rosen, President of ESR From the ESR Mail Box Question: Can an employer automatically exclude an applicant with a felony or criminal record? What about automated processes that use a system to identity applicants with a criminal record? Answer: The one thing that an employer can be advised with some certainty is that any sort of automatic policy based [...]
Categories: Criminal Records, Discrimination, EEOC, Recent Posts Tags:
Due Diligence Checklist Employers Can Use for Employment Screening Process
By Lester Rosen, ESR President The following ‘Due Diligence Checklist’ contains questions employers can use to find out if an employment screening company is utilizing due diligence in its employment screening process. A .PDF version of this ‘Due Diligence Checklist’ that employers can download and print is located at http://www.esrcheck.com/docs/Due-Diligence-22.pdf. Have there been any material changes in [...]
Categories: due diligence, employment screening, Recent Posts Tags:
Investigation Reveals Some Child Care Workers in Florida Not Background Checked
By Thomas Ahern, ESR News Staff Writer A story in the Daytona Beach (FL) News-Journal reveals that an ongoing investigation into Florida’s local child care licensing office found that some local child care facilities have not been implementing criminal background checks on all child care employees. According to the News-Journal, files in over 100 child care centers [...]
Categories: Background Checks, child care provider, Recent Posts, State laws Tags:
Kentucky Case Uncovers Holes in Background Checks for Nursing Home Employees
by Thomas Ahearn, ESR News Staff Writer A case against a Kentucky nursing home may reveal holes in laws meant to protect nursing home residents since the state only requires criminal background checks for employees caring directly for nursing home residents but not background checks for nursing home support staff like maintenance workers. According to a story [...]
Categories: Background Checks, due diligence, Negligent hiring, Nursing homes, Recent Posts Tags:
USCIS Clarifies Three-Day Rule and Hire Dates Used for Form I-9 and E-Verify
By Thomas Ahearn, ESR News Staff Writer Since understanding the “Three-Day Rule” and determining the hire dates for completing Form I-9 and E-Verify are not always clear and simple for employers, the U.S. Citizenship and Immigration Services (USCIS) has added an important update to their E-Verify website that attempts to clarify both the definition of a [...]
Categories: E-verify, employment eligibility, form I-9, Recent Posts, USCIS Tags: