We have seen some controversy over pre-employment background checks in the news lately.  Unfortunately, without a full understanding of the industry, it is difficult to get the story right.  NBC’s Today Show highlighted a couple people who were victims of poor reporting practices by companies with inferior screening tools.  What the reporter failed to understand was that industry best practices all but eliminate these problems. To paint the entire industry was irresponsible and incomplete reporting; just imagine if the same reporter were to catch wind of a story involving violence at the workplace committed by an ex-felon and there was no background check done.  How do you think that story would go? More...

Non-profit organizations rely on the help of hard working volunteers.  Volunteers fill much needed roles from administrative tasks to labor intensive work to leading our children in summer and weekend programs.  Many organizations don’t use the same onboarding process with these volunteers as they would with regular staff, which is a mistake.  While we certainly find the best among us volunteering to help at community centers, outreach programs, churches, and other worthy organizations, we also find predators looking to prey on the good nature of non-profits.  Too often we hear stories of embezzlement, endangerment, and harm to children from people in a volunteer position, often this propensity would have been discovered in a background check.

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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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Legal terms and language can sometimes seem daunting and impossible to comprehend when we see statements and language such as; Alford Doctrine, Subpoena Duces Tecum, Garnishment, and a laundry list of imposing legal vocabulary. However, when it comes to protecting you and your organization there are a few words that need to be understood and implemented more than Legal Due Diligence. The law states  when it comes to employees and volunteers that an organization must establish legal due diligence in the hiring process. Legal Due Diligence is defined as; a measure of prudence, activity, or assiduity, as is properly to be expected from, and ordinarily exercised by, a reasonable and prudent person under the particular circumstances; not measured by any absolute standard but depends on the relative facts of the special case. Here is an easier way to state it; ‘Did you do everything that an intelligent person would do in making a decision?’.When it comes to criminal background checks there are some criteria that must be met to ensure that this key legal guideline is fulfilled.

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