Litigation Checks and Civil Record Searches are Problematic

Jan 31, 2018
Searching for civil records and litigation checks can largely be a waste of dollars and time.  As a consumer reporting agency (CRA), Reliable Background Screening understands this.  Sadly, many other companies will sell civil record searches or litigation searches, while disavowing that they are a CRA.  By stating they are NOT a CRA, these other companies sell information essentially as a data dump, and refuse any responsibility for providing either false positives or false omissions. Many individuals believe there is a "complete litigation" check that is possible.  Unfortunately most companies will sell civil court record searches, and not explain the difficulties involved.   I prefer to explain the shortfalls of performing civil record searches, so that our clients and prospective clients will understand that even if performed, civil records may be missed. There is a reason why all three credit bureaus settled a lawsuit and changed the way they report public record information.  Below are links to two articles I wrote on this subject.  Although these articles focus on the tenant screening industry, the issues exposed involve all users of credit reports.  The main take-away here…
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Strong Economy Means Higher Job Turnover for 2018

Dec 29, 2017
With 2017 ending with record highs in the stock market, the job market for 2018 is expected to be robust.  In addition to many companies hiring for new positions, the rate at which people will be quitting jobs is expected to be about twice the level it was during the economic collapse of the "great recession."  Thus, the need for hiring will exist at countless companies and organizations, and that also necessitates employee background checks. Whether it's a small business, municipal government, multinational corporation, or a non-profit – organizations and companies need to properly vet new hires to protect their brand, their employees, and their customers.  Performing proper employee background screening mandates having appropriate procedures, disclosures, and authorization forms, as employee screening is governed by federal law (the FCRA – Fair Credit Reporting Act) and often also state and local laws. Additionally, performing thorough "best practices" employee background checks will help protect companies against Negligent Hiring and Retention Liability lawsuits.  The cost of a proper background check typically will be less than one day's pay.  In those occasional instances wh…
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Sexual Misconduct and Background Checks

Nov 29, 2017
There has been much in the news of late about sexual misconduct in the workplace.  One example is Massage Envy, where published reports have said about 180 women have taken some form of action to report alleged sexual misconduct (some of which have been adjudicated and proven in the courts).   When a company as large as Massage Envy, with about 1200 locations nationwide can experience this type of unwanted free press and litigation, how can your company protect its brand? I happen to personally know numerous Massage Envy franchisees, and because of this I also know Massage Envy requires background checks on all employees who work at Massage Envy locations.  By requiring thorough background checks, companies can mitigate against being found negligent based upon Negligent Hiring laws.  Further according to the published reports, the rate of allegations against Massage Envy is only 0.0000014%.  Undoubtedly, this extremely small sexual misconduct allegation incidence percentage is lower than the average rate for companies nationwide. So Massage Envy can take a stand, both with the press, social media, and in the courts to affirm that its practices to create a safe environment for cli…
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New Challenges for California Employers are Coming Soon

Oct 29, 2017
Starting January 1, 2018, employers in the state of California will face two new challenges, in a state that is already highly regulated in favor of the consumer.  Employers in other states may be impacted, too, so everyone should read this article.  The issues that will affect employers throughout the state starting the first of next year are: Employers will be prohibited from asking job applicants about their wage and salary history, and "Ban-the-Box" becomes the law for the entire state, i.e., employers will be forbidden to inquire or consider an applicant's criminal conviction history before the applicant receives a conditional employment offer. Wage and Salary History Inquiry Ban California Assembly Bill 168 was signed into law earlier this month, which added Section 432.3 to the California Labor Code.  In addition to inquiries into salary history being outlawed, employers generally will be barred from using an applicant's salary history as either a factor in the salary that is offered, or whether an employment offer is even made.  This law will affect all employers, regardless of size, both public and private. California is not alone on this issue.  Other states (ter…
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