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FAQs

The following is a brief introduction to our services and answers to frequently asked questions. Please contact ESR by email, fax, or phone for additional information. We only provide pre-employment screening services to businesses. We specialize in working with Human Resources and Security Departments.


Why Perform Pre-Employment Screening?

By utilizing a professional employee screening service, employers of all sizes across all industries can minimize or even avoid the financial and legal nightmares that come from hiring a person with an unsuitable criminal record, falsified credentials, or some other issue that makes him/her dangerous, unqualified, or unfit for the position. Lawsuits for negligent hiring are among the fastest growing areas of litigation in the U.S. and, as a result, employers who fail to demonstrate due diligence can be hit hard by juries. Nationally, the cost of human capital, including salaries, benefits, and hiring, is usually the largest single line-item in the budget of any firm and is responsible for a third of business costs. Given that employees are both the biggest single investment any employer can make and the biggest source of risk, doesn't it make sense to know who you are hiring?

The use of pre-employment screening background checks, can help employers avoid:

  • Negligent Hiring Lawsuits - Pre-Employment screening demonstrates due diligence
  • Workplace Violence - History of criminal acts is a major factor in predicting workplace violence
  • Unqualified Applicants - Up to 30% of applications contain material falsehoods
  • Time Wasted Recruiting, Training, and Hiring the Wrong Applicants
  • Wrongful Termination Lawsuits - Yes, even if they lied in the hiring process!
  • Theft, Financial Loss, Sexual Harassment, and other Workforce Problems

ESR is available to consult with your organization on pre--employment background screening issues or to speak to your group or organization on these important topics. Les Rosen, attorney at law and President of ESR, is available to present discussions on various topics, including pre-employment screening, the federal law -- the Fair Credit Reporting Act, reference checking, and criminals in the workplace. ESR provides groups with materials and information that can be put to use immediately to help promote a safe and profitable workplace.

ESR clients located in Northern California may contact ESR to arrange for a training session on these topics or other topics related to safe hiring at no charge. For ESR clients outside of Northern California, training sessions can be arranged by phone or on-site by special arrangements.

Why pre-screen?

Employers have become painfully aware of the tremendous consequences of bad hiring decisions. Prescreening promotes a safe and profitable workplace. Pre-employment background screening is an effective risk management tool that has been proven to significantly reduce the risk of a bad hire. Employers typically engage in pre-employment screening for four reasons:

  1. To discourage applicants with something to hide.  Simply having a prescreening program discourages job applicants with a criminal background or falsified credentials.
  2. To eliminate uncertainty in the hiring process.  Many employers have discovered the hard way that relying on instinct alone is not enough. Hard information is also an important part of the hiring process.
  3. To demonstrate Due Diligence.  All employers have a reasonable duty of care in the hiring process. This means an employer must take reasonable steps to determine whether an employee is fit for a particular job. For example, if an employer who hires a bus driver and does not take reasonable efforts to determine whether the bus driver has a criminal record, it could be found liable if that driver assaults a passenger and a reasonable background check would have discovered the prior assaults.
  4. To encourage honesty in the application and interview process.  Employers find that just having a background program will encourage applicants to be more forthcoming about their history.

Performing background screenings is certainly not a guarantee that every bad applicant will be discovered. For the prices charged by prescreening firms, employers cannot expect an in-depth and exhaustive FBI-type investigation. However, just engaging in screening program demonstrates due diligence and provides an employer with a great deal of legal protection.

It is also important to understand that a prescreening program is aimed at how a person has performed in the public aspect of their lives. Items such as a criminal records or previous job performance reflect how a person behaved towards others or discharged his/her obligations or responsibilities.  Screening is NOT an invasion of privacy, a sign of mistrust, or an act of "Big Brother."

 


 

How do we do it?

Our program is integrated seamlessly into the hiring process. After receiving your applicant's written consent, ESR searches numerous public and private records and contacts schools, licensing authorities, and previous employers. 

Since ESR is the firm that literally wrote the book on background checks, employers can be assured that ESR is accessing the most accurate source of information for clients. See the Services page for more details on what we search.

ESR is also available for consultation with our clients on background screening issues.


Is it legal?

 

As the legal compliance leaders, all ESR procedures comply fully with applicable federal and state legal standards. The federal Fair Credit Reporting Act (FCRA) is reviewed on this site.  Legal compliance is reviewed in detail in "The Safe Hiring Manual," the first definitive book on background checks by ESR.  
 
We also handle all the legally required procedures for employers, such as providing applicants with copies of reports and notices of consumer rights. By using ESR, employers legally protect themselves and ensure that the rights of their applicants are being respected.
 
In addition, ESR has been issuing monthly legal updates for the  past nine years.  We keep clients current and compliant
 
Although ESR does not provide legal advice to its clients, our legal staff ensures that ESR procedures comply with the Fair Credit Reporting Act and other Federal and State laws concerning privacy and discrimination.
 
 
Note:  Although ESR takes steps to ensure all of its procedures are in compliance with all state and federal rules, ESR does not provide any legal services/opinions. ESR recommends that client consult their legal counsel regarding their specific legal responsibilities. Furthermore, employers understands that there are legal requirements imposed by the federal FCRA and, in some instances, state consumer reporting laws, regarding taking adverse action against a consumer based on a consumer report and ESR recommend that client consult with their legal counsel to develop a legally compliant adverse action policy. In addition, ESR recommends that client consult with their legal counsel to develop an employment screening program specific to their needs to ensure that client’s policies and procedures related to the use of information provided by ESR are in compliance with applicable state and federal laws.

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How long does it take?

ESR online background checks are normally provided in three working days in an easy-to-understand written format. ESR is not an information broker that simply provides raw data or computer printouts. ESR reports highlight and summarize important information. For example, when a firm orders a credit report from ESR, we do not simply attach the report. We will give our client a breakdown of the important facts and highlight items that employers may be concerned about. In addition, where there is negative information, ESR will provide human resources policy notes on accepted industry standards for the use of that information.

IAt the end of the third full business day, ESR suggests an employer check the status of an order. If any item is incomplete, check the reason and determine if there is enough information to make the hiring decision. There are five (5) reasons why information is not available; however, there may be enough information to make the hiring decision. The reasons for delays can include:

  1. Criminal records can be delayed if the court clerk needs to obtain a file. No one has control over how long a court clerk takes to provide information. ESR maintains a list of courts currently experiencing delays.   This list is available in the password-protected area of ESRnet.
  2. An employer will not return calls despite repeated attempts or a past employer cannot be located, has no records, has moved, or is no longer in business. ESR will make three solid attempts to contact an employer. ESR has found that after three attempts it is unlikely an employer will respond.
  3. In the case of school records where the school is closed or on break.  Or in cases where verification can only be done by mail or a check is required.
  4. Driving licenses in some states are subject to delays.
  5. The date of birth is required to obtain or verify some information has not been provided. ESR will contact you when that occurs.
  6. In addition, orders are processed faster when all information necessary is provided in a legible manner.

What does it cost?

A background screening by ESR is typically less than the cost of a new employee on just the first day of employment.  An employer has a great deal of flexibility on its employment screening packages.   The cost is minor compared to the damages a bad hire can cause.

In addition, ESR offers REAL BACKGROUND CHECKS.  Employers should not be confused by firms that appear to offer screening but take dangerous short-cuts that leave employers exposed.  For more information on REAL BACKGROUND CHECKS see: http://www.esrcheck.com/ESRadvantage.php

All services include training, support, and consultations for Human Resources and Security Departments.

All FULL Reports include:

  • Set-up of the entire program by ESR.
  • Instant On-line access providing information 24/7 with the click of a mouse.
  • Easy to read reports with results highlighted and summarized for easy reference.
  • Human Resources policy notes, where applicable.
  • All legally required  or post-notification to applicant in case of an adverse decision.  A rejected applicant talks to us!!
  • Training, support, consultation, and an HR Help Desk.
  • Full legal compliance with the Fair Credit Reporting Act (FCRA), a Federal law.
  • Full seven-year criminal county check for the maximum protection.
  • For clients that use ESR packages, there is no charge for providing "Free Reports" for California, Oklahoma, and Minnesota applicants.
  • For firms ordering individual services from our customer menu services, there is an additional charge for the FCRA adverse action services described above.

NOTES FOR SPECIAL SITUATIONS AND GOVERNMENTAL FEES:

  • Prices for court record searches do not include any special access fees charged by some courts. A special disbursement fee is charged by all 50 states for motor vehicle records.
  • Prices do not include fees charged by some employers, schools, institutions, data services (such as the "Work Number for Everyone"), or governmental agencies. For non-automated third party fees, such as employment or educational verifications, ESR's cost also includes a handling fee.  Governmental third party fees for court records or motor vehicle records are passed along at the exact cost imposed by the governmental unit. 
  • For an applicant with a previous name or name change, a separate search fee will apply for each county, or state, or database search, as required.
  • In counties with multiple Municipal or Superior courts, the price quoted is for the central court. Misdemeanor court records not available in all states.
  • Retrieval of physical court records is not included. Contact ESR to make arrangements for court files.

Does my firm risk alienating applicants?

The Background Check procedure is non-intrusive and respects your applicants' privacy rights. Good applicants are also eager to work with qualified co-workers in a safe workplace. Our release form advises your applicant that:

"A background check is not only for the benefit of the company as a sound business practice, but also for the benefit of all employees. It is no reflection on an applicant."  See the ESR article on, "Background Screening Benefits both Bosses and Job Applicants"  


What's involved in setting up a screening program?

A program can be set up very quickly and easily.  Our ESR background specialists are here to work with you every step of the way.  First, we analyze your risks and needs to come up with a cost-effective program for your business. We assist you with legal compliance, including the necessary forms (although we do not provide legal advice).  We can also provide a sample employee manual and internal policy forms.  We will provide all of the training needed, and send employer documentation about the program. 

 

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How do we select a screening firm

There are  large differences between screening firms. The most important point is that background screening is a legally regulated professional service, and not just a matter of  sending data to an employer.  In fact, The Safe Hiring Manuel by ESR is 512 pages, and that is just the tip of the iceberg!

To select a firm that is right for you, ESR has provided some of the the following informing.  

 

Also see more detailed information on why ESR is different than most other firms at:  http://www.esrcheck.com/ESRadvantage.php

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What if our company needs the information right away?

ESR obtains information as quickly as it is physically possible. Our philosophy is that all orders are a "rush."  With the ESRnet online system, requests for information are transmitted instantly and all data is available in real-time, 24/7.  In the event of a an emergency, contact your ESR Customer Service representative.


 

Why should a firm outsource this service?

Pre-employment screening is a time consuming and detailed task that requires highly specialized knowledge and resources. It is also subject to numerous legal regulations. Many firms have found that it is an inefficient use of their time and resources to attempt to perform a service that a specialist can do efficiently and cost-effectively.

Even firms with fully staffed Human Resources or Security departments have found that outsourcing this service is more efficient and allows them to focus on tasks that can only be performed inside the company. Many HR and Security professionals also prefer that a new employee's first contact with their department not be a background check. Also, outsourcing this service does not leave a new employee feeling that confidential information about them is being obtained by others in the firm.


Why use ESR?

ESR is like having your own in-house screening specialists. We make it easy to protect your firm.

We specialize in background screenings and in fact wrote the book on background checks and safe hiring.  ESR combines human resources, legal, and public records searching expertise in providing your company with fast, accurate, and cost-effective employment pre-screening. We understand that companies need a program that fits seamlessly into their hiring practices. Our focus is in working with Human Resources and Security Departments. Unlike other firms, ESR is not just a data gathering service providing computer printouts or raw data. Our reports highlight and summarize our findings for easy reference. We look for "red flags" that may concern an employer. We provide human resources policy notes, where applicable, based upon industry standards. Because the applicants we screen may become your trusted employees, the process is designed to respect applicant privacy.

Furthermore, ESR has a full time legal staff to ensure compliance with Federal and State laws. Although ESR does not provide legal services to its clients, ESR does ensure that its processes are in compliance with legal requirements.

ESR was started by an experienced investigator with extensive experience in corporate security and a criminal law attorney with years of experience in criminal investigations.

In reviewing the Internet, it is clear there are a number of screening firms that advertise their service.  Although there are many excellent screening firms, when doing some digging, it also appears that there are many firms that are  background screening firms in name only.  ESR only does one thing:  pre-employment screening background checks.  ESR is not an Internet marketing firm in disguise, not a branch of a foreign-owned company trying to make money in the U.S. market, not a fake front for some other firm, not a data vendor that views the Internet as a way to sell data for a quick buck, not a firm that dabbles in employment screening as a side business, and not investigators that do a little screening on the side.  We are employment screening experts.  Background screening and risk management are our only business.  Period.

ESR  takes the approach that background screening is a heavily legally regulated, knowledge based professional service that requires a great deal of expertise.  The pre-employment background screening experts at ESR are always there to help.  In selecting a screening firm, employers may want to consider sticking to organizations that have a demonstrated commitment to risk management and helping employers as their primary mission.  If an employer has a question about the ability of a screening firm to do the job, ESR has prepared a 22 question audit that can be sent to a screening firm to determine if they are for real.  See:    http://www.esrcheck.com/diligence-audit-current-provider.php

ESR preforms all services in the U.S.  Employer should very carefully consider the dangers of using a screening firm that utilizes at home operators for domestic verifications or sends your data off-shore for processing.   Such a practice puts the employer at risk.  Do you want your job applicant's personal and private information spread out in living rooms, kitchen tables and dorms across America, or available to off-shore operators beyond the reach of U.S. privacy laws, not to mention the lack of quality control and standards?  Employers are strongly advised to avoid the use of screening firms who are willing to sacrifice quality and privacy just to increase their profits at your expense. 

For more about the ESR Advantage, see:  http://www.esrcheck.com/ESRadvantage.php

For more about ESR Resources, see:  http://www.esrcheck.com/ESRresources.php 

For the ESR Customer service program, see »»


WEB Policy

ESR does not sell information over the Internet.  However, ESR does offer its state of the art Internet reporting system, ESRnet, to its clients. ESR only provides services to established businesses and not to individuals.  Once an employer establishes a relationship with ESR pursuant to the Fair Credit Reporting Act (FCRA),  a Federal law, an account can be established to allow clients to instantly view their reports on-line, in real time, at any time. Please see More Information about ESR On-Line. The ESRnet system fully protects the privacy and the confidentiality of information.

As background screening consultants, we specialize in providing individual service to each client. We work closely with Human Resources and Security departments. Our goal is to build strategic partnerships with employers. In addition, part of our service is training, support, and consultation. These services cannot be done by impersonal selling of  information or raw data over the Internet. ESR actively opposes the disseminating of private and/or individually identified confidential information over the Internet. 

Because of advancements in Web security, ESR can arrange to accept orders on-line AFTER a client relationship has been established. Orders can also be faxed to ESR.  Completed reports can be faxed, emailed, or made available on-line to a secured access area set up for each client. (Note: For security reasons, credit reports and information obtained from credit bureaus are subject to special security procedures. In addition, before receiving a credit report an employer must go though a special procedure, including an on-site inspection of its business premises and verification of a valid business use.  Not all employers are eligible to receive credit reports.)  

Every background report we provide is done in full compliance with the Fair Credit Reporting Act, a Federal law. See the ESR special report titled "Special Report: Complying with the Fair Credit Reporting Act (FCRA) in Four Easy Steps©." A signed disclosure and authorization is required. For certain reports, ESR must receive actual copies of the authorization. All Employment credit reports require a copy of the signed applicant release be sent directly to ESR. In addition, an increasing number of employers and schools are asking for signed information releases as well.

Your ESR account representative can assist in setting up an On-line account.

 

 

 

ESR assists employers in setting up the whole program.  ESR provides sample Policies and Procedures, and assists employers in determining the scope of screening appropriate for the risks in their business.
 
To start, a client fills out a Certification required by law.  ESR does not require a contract that binds an employer to a certain period of time.  As a professional service provider, ESR believes clients will continue to utilize our services due to the value and service they are receiving. 
 
An employer has options in how to send background requests to ESR:
1.  Applicant Generated Report Paperless Solution -- ESR has offered a paperless solutions since 2006, one of the first in the industry .  See:  http://www.esrcheck.com/Applicant_Generated_Reports.php
2. Online ordering through the ESRnet -- ESR was one of the first screening firms in the U.S. to offer online order entry and retrieval.  See:  http://www.esrcheck.com/technology/
3.  FAXING order to ESR -- As part of the hiring process your applicant signs two release forms that we provide. Simply fax the two forms to ESR with an order form. If the order includes verifying education, professional credentials, or employment references, fax the application or resume as well.
 
An ESR consultant will work with you to set-up a screening program that meets your needs. ESR clients also receive a WelomePak that contains the information needed to conduct background checks with ESR
 

 

For an article by ESR on How to Select a Background Screening Firm

For a sample Request for Proposal (RFP) to a screening firm

Sample 22 question yearly due diligence audit for a background firm

 

 

 

» For an article by ESR on How to Select a Background Screening Firm

» For a sample Request for Proposal (RFP) to a screening firm

» Sample 22 question yearly due diligence audit for a background firm

Safe Hiring Resources
Safe Hiring Videos –
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Video clips used by permission of Kantola Productions

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