Pinnacle Investigations works with our partners to help educate on the Fair Credit Reporting Act (FCRA) and stay informed of current issues surrounding the use of background checks in the pre-employment process.  Pinnacle offers ongoing education with free webinars, news updates on our website and we are always available to answer questions during normal business hours. We are proud to offer our new FCRA Compliance webinar series. More...

All employers need to make sure they are following the requirements of the FCRA when making a decision not to hire after a background investigation has been conducted which has revealed adverse information.  When adverse information is discovered and a decision is made not to hire, a Pre-adverse Action Notification must be sent to the applicant. More...

Many employers are relying on “national criminal records databases” or “instant” background checks. Unfortunately, this leaves organizations with a false sense of security while opening themselves up to huge liability concerns from both sides of the litigation equation. Many of these companies are preying on small organizations with the promise of lower fees and claiming that they are protected when they are actually leaving them vulnerable to lawsuits and problems in the workplace.

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With all the regulations, new and pending legislation and a political climate with high unemployment affecting pre-employment background checks it may seem easier to just skip the background and rely on your instinct.  Unfortunately, your instincts won’t protect your organization.  Pre-screening your applicants remains the best method for protecting your organization from theft, fraud and workplace violence.  In addition to protecting your employees and physical assets, your company’s reputation is at stake when facing negligent hiring law suits or negative publicity. 

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Initiative 1163 is in effect as of January 1, 2012 in Washington State requiring all new home-care workers to have fingerprint background checks done through both the state patrol and the FBI.  While adding the federal element to the background check will help to keep criminals from being placed in homes with at risk seniors and disabled people, it does not provide a complete picture and therefore does not protect the public or the organizations that serve them.  The FBI fingerprint database relies on information that is submitted to them; contrary to popular belief, there is no central database and these records are not automatically uploaded to the FBI.  In fact, only nine states are linked directly to the FBI for reporting.  In the other states we are waiting for understaffed municipalities to report and many of them  have a backlog of years which leaves the FBI database out of date, incomplete and unreliable for safe hiring practices.  
Another problem presented by requiring FBI fingerprints is turnaround time.  Employers can wait six to eight weeks before getting results back, leaving employers with a costly problem of putting someone to work under supervision until learning if they have a criminal history or not.  These problems open employers up to a high risk of negligent hiring lawsuits and potentially destroying their reputation all together.  In an industry that relies on trust, home healthcare companies must show that they have met their due diligence to ensure safety.
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Minimum checks are not enough to safeguard our organizations or our communities.  For many industries such as Healthcare and Education, states are requiring a minimum search through state agencies.  Unfortunately, the legislators are misinformed as to the effectiveness of such searches and organizations are falsely given a sense that they and their organizations are safe.  Fact is, they are not safe from negligent hiring lawsuits, nor are they protecting the community when relying on these minimal checks. 

St. James Middle School in South Carolina is now being sued after a social studies teacher had sex with a 13 year old girl. More...

When it comes to drugs in the workplace, sometimes the statistics are staggering:

        - Of the 17.2 million drug users over 18 in the United
           States, 12.9 million of them are employed
        - Drug use costs employers $75 to $100 billion dollars
           annually in lost time, accidents, health care and
           workers compensation costs
        - Sixty-five percent of all accidents on the job are
           related to drug or alcohol

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January 1, 2012 two new California laws will go into effect which will impact employers. 

California SB 909 which amends CA Civil Code Section 1786.16, and requires that employers include the investigative consumer reporting agency's (background check company's) internet website in the Disclosure form.  The purpose is so that an applicant can get information about the background check company's privacy practices, including whether a consumer's personal information will be sent outside the United States. 

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Using the internet to check on employees and applicants has become the norm for many employers.  Facebook, Twitter, blogs and dozens of other sites can give and employer real insight to the character and behaviors of their workforce. Choosing new team members can be the most difficult element of the onboarding process for HR professionals, and it is a minefield of legal implications.  Now we can add to that mine field, social media checks for pre-employment.  Many lawsuits are pending and the EEOC, FTC, NLRB and members of congress are citing privacy laws to protect consumers from what many call an invasive search. 

How as employers can you protect your organizations from negligent hiring while also protecting the privacy of your applicants? 

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‘Book em, Danno!’ is the phrase that comes to mind for many of us when we think of a criminal case being closed and an individual being ‘booked’ into jail. Law Enforcement catches the bad guy, conducts an investigation, handcuffs them, and then comes the part that no criminal can avoid… FINGERPRINTS! Unfortunately, this is not a present day reality in many cases because of the overcrowding of the US courts and prison systems. In fact, in many counties there are thousands of felony ‘cite and releases’ occurring on a daily basis.  Individuals are being charged and convicted of felony crimes that are NEVER being fingerprinted because of the overcrowding of the system.

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