It's no secret that hiring is an expensive investment. Bad hires can cost thousands of dollars in training and administrative costs, compromise effective teamwork and damage morale.
By using The Omnia Profile® you're well on your way to building a better workforce and identifying job candidates who may fall short of your professional expectations.
Now you can add an extra measure of security and piece of mind with Omnia's Background Searches.
Our full line of reports will help protect your company against negligent hiring lawsuits, theft, embezzlement and workplace violence.
You'll also guard against unscrupulous job seekers who have raised résumé padding to an art form.
Consider this example: A few years ago the Port Authority of New York and New Jersey placed a classified ad in search of an experienced "Sontag connector electrician."
Sounds straightforward enough. However, there is no such thing as a Sontag connector electrician. It was a bogus job title created by the people at the Port Authority to gauge how much lying took place on job applications.
Here's the kicker: Of the 170 applications received, one third claimed experience with Sontag connectors!
We've created the following list of questions and answers to help you become familiar with our background searches. To learn more about this critical part of the hiring process, please contact the Omnia Background Search department at (800) 233-9990.
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Q: What is "negligent hiring"?
A: Negligent hiring is an employer’s failure to exercise reasonable caution when choosing an employee, which is why today’s smart employer checks promising applicants’ backgrounds to identify past problems before hiring. Courts increasingly hold employers financially and legally liable for illegal or violent actions taken by employees not subjected to reasonable pre-employment screening.
Q: What is a background check?
A: A background check is an overall term used to describe the process of verifying someone's history. This may include their criminal history, credit status, driving record, education credentials and prior employment, among others. A background check may consist of one search or multiple searches. Thorough candidate background searches help protect your company from expensive “negligent hiring” lawsuits, employee turnover, theft, embezzlement and workplace violence.
Q: What laws govern the use of background checks?
A: The Fair Credit Reporting Act (FCRA) outlines how background checks should be conducted when outsourced to third-party companies, such as Omnia® Background Search, and allows the applicant to request all information obtained on them. Equal Employment Opportunity Commission (EEOC) regulations allow pre-employment background checks, but prohibit discrimination in hiring based on sex, age, race, and so forth. The FCRA, which outlines items such as obtaining a signed release form and taking adverse action, must be used in conjunction with state laws when doing background checks for your location; if your state laws seem unclear or do not address background checks, then outsourcing your background checks may be a safer option since the reports being compiled should be done within federal guidelines. To read the entire text of the FCRA, go to: http://www.ftc.gov/os/statutes/fcra.htm
Q: Is it legal to use background search information on a hire/no hire decision?
A: Absolutely! Misrepresentation and falsifying information on a job application or résumé may be grounds for firing an employee or denying an applicant. Additionally, you could be held liable for "negligent hiring" if you employ an unqualified or dangerous person in a job where they could harm others. If you base your decision on an Omnia Background Search report, then the FCRA guidelines in regard to adverse action should be reviewed.
Q: Is there a nationwide criminal search?
A: A nationwide criminal search is currently not available to the public. Only criminal justice agencies have access to the national depository, the FBI National Crime Information Center (NCIC). Searches can only be done by state (if available) or county, for felony and/or misdemeanor searches. Federal crimes such as kidnapping and bank robberies can be searched by federal district courts within a state.
Q: How far back do you search for criminal records?
A: The industry standard is seven years, although depending on the local agency or court where the record originates, you may see criminal conviction reports older than seven years. The Fair Credit Reporting Act states that consumer reporting agencies can only report non-convictions up to the last seven years.
Q: How far back do driving records go?
A: Driving records vary from state to state. The average time reported is three to five years. Most states require that a person hold only one license, and may report the holding of a previous license from another state. Offenses such as speeding violations and DUIs should normally appear on the record.
Q: Is it illegal for a past employer to give any information about a job candidate?
A: No. Increasingly many states recognize what is known as "qualified privilege," a common interest in discussing in good faith the work performance of an applicant/employee between a prior employer and a prospective employer (or third-party acting on its behalf). Although some past employers will use the term "illegal" when contacted, it may just be their "company policy."
Q: Is there a national database that will show where an individual lived, worked, and attended school?
A: Not yet. Although a Social Security number trace may provide name and address matches found in the credit bureau, an applicant must provide most information you want to verify.
Q: Why use Omnia Background Search?
A: The benefits are numerous:
- No monthly minimums, start-up fees, or binding contracts
- Quick turnaround time
- High quality, easy-to-read reports
- Competitive and cost-effective package pricing
- $1 million in errors and omissions insurance
- Volume discounts available
- Regulated by the Fair Credit Reporting Act
- Outstanding customer service
