ESR President, Speaker, and Author Lester Rosen Shows How Use of Social Networking Sites such as Facebook, LinkedIn, and Twitter for Employment Screening can Present Legal Risks Including Privacy and Discrimination Issues

By Thomas Ahearn, ESR News Blog Writer

Employment Screening Resources (ESR), a premier provider of background checks and drug testing based in the San Francisco area, will present an online webinar – “Legal Risks of Social Network Sites and Employee Screening” – with the Northern California HR Association (NCHRA) featuring ESR president and screening expert, Lester Rosen. The online webinar will be held on Friday, September 10, 2010 from 11:00am to 12:30pm Pacific Time and is free for NCHRA members and $49 for non-members, with rates covering an unlimited number of staff at office locations.

To register for the online webinar – which is worth 1.5 Continuing Professional Education (CPE) credits – visit http://www.nchra.org/scriptcontent/custom/e-index.cfm?PAGE=WB100111.htm&ion=events.

“Employers and recruiters have discovered a treasure trove of information on potential job applicants in social networking sites such as MySpace, Facebook, LinkedIn, Twitter, and other online sources,” says Rosen, the author of ‘The Safe Hiring Manual – The Complete Guide to Keeping Criminals, Imposters, and Terrorists Out of Your Workplace,’ the first comprehensive book on employment screening. “However, the use of these sites can present legal risks, including privacy and discrimination issues.”

The NCHRA, the second largest HR Association in the country, serves an HR community of more than 20,000 and has been advancing organizations through human resources since 1960. Through case studies and viewing Internet sites, webinar participants will see how social networking sites work and recognize the potential legal landmines and practical risks involved.

At the conclusion of the webinar “Legal Risks of Social Network Sites and Employee Screening” – which is open to all levels of experience – participants will leave being able to:

• Explain why and how employers, HR and recruiters use the Internet to screen candidates;
• Identify the risks involved if everything on the Web is not fair game;
• Apply discrimination laws and rules to off-duty conduct; and
• Uncover best practices for employers, recruiters, job applicants, and college placement offices.

Speaker Rosen is an attorney at law and a frequent presenter nationwide on pre-employment screening and safe hiring issues. He was the chairperson of the steering committee that founded the National Association of Professional Background Screeners (NAPBS) and served as the first co-chairman.

About Employment Screening Solutions (ESR):
Founded in 1996 in the San Francisco area, Employment Screening Resources (ESR) is a leading provider of background checks and drug testing and is dedicated to promoting a safe workplace for both employers and employees. In 2003, ESR was rated the top U.S. employment screening firm in the first independent study of the industry. In 2007, ESR founder Lester Rosen literally wrote the book on employment screening with “The Safe Hiring Manual, The Complete Guide to Keeping Criminals, Imposters, and Terrorists Out of Your Workplace.” Rosen also wrote “The Safe Hiring Audit” and is a frequent speaker and presenter on employment screening issues. More recently, ESR produced a 30-hour online course for Safe Hiring Certification Training and has expanded to provide international screening and applicant generated reports (AGR). To learn more about Employment Screening Resources (ESR), please visit http://www.ESRcheck.com or contact Jared Callahan at 415.898.0044 or jcallahan@ESRcheck.com.

By Thomas Ahearn, ESR News Blog Writer

A former college basketball star in Michigan has been indicted for his alleged role in a background check and jobs scam where applicants paid fees for background checks that were never performed for jobs for which no applicants were ever hired.

According to a report on the Lansing State Journal website (LSJ.com), authorities say a company owned by former Michigan State University (MSU) basketball star Jay Vincent, 51, was in reality a scam that allegedly defrauded about 20,000 people out of more than $2 million.

LSJ.com reports the company’s voice message gave applicants an option to pay $89 for background checks before they could be hired as inspectors of foreclosed homes. The applicants were promised that once payment was received for the background checks, the company would send an application and a free “foreclosure kit.”

However, according to authorities, these background checks were never performed. Vincent – a member of MSU’s national championship basketball team in 1979 – was indicted on mail fraud charges and could face up to 20 years in prison, LSJ.com reports.

In these tough economic times, with nearly 15 million unemployed people according to the Bureau of Labor Statistics (BLS) “THE EMPLOYMENT SITUATION — JULY 2010” report, scams involving background checks and jobs are on the rise.

Recently, ESR News posted a story about a Nebraska man accused of running a background check scam. According to a report by KMTV Action News 3 in Omaha, NE, FBI agents arrested the man, who they believe formed a background check company that charged consumers $600 each for phony FBI and Interpol background checks on people, even though private citizens are not capable of performing FBI or Interpol background checks.

These stories, and others, suggest that when consumers want or need background check companies to perform background checks for them, them may want to run a background check on the background check company first.

To help determine if a background check firm is reputable, consumers can visit the National Association of Professional Background Screeners (NAPBS) website at http://www.napbs.com/.  

For more information about background check scams and how to obtain real background checks, visit Employment Screening Resources (ESR) at http://www.ESRcheck.com. 

Sources:
http://www.lansingstatejournal.com/article/20100820/NEWS01/8200322/Jay-Vincent-ex-MSU-star-indicted-in-jobs-scam
http://www.esrcheck.com/wordpress/2010/08/10/july-jobs-report-shows-private-sector-gained-more-than-70000-jobs/
http://www.esrcheck.com/wordpress/2010/07/01/nebraska-man-accused-of-running-background-check-scam/

By Thomas Ahearn, ESR News Blog Writer

According to a recent article in the NY Times, the German government has proposed placing restrictions on employers who wish to view the profiles of job applicants on wildly popular social networking sites such as Facebook when recruiting.

The Times reports that the proposal to limit the use of Facebook for recruiting – part of a proposed law governing workplace privacy – would allow recruiters to search publicly accessible information about applicants on the Web and view applicant pages on job sites such like LinkedIn but not search on “purely” social networking sites like Facebook.

The German bill limiting the use of Facebook – which claims over 500 million users worldwide and about 10 million in Germany – could pass this year, the Times reports.

A law like the one proposed in Germany blocking employers from checking the social profiles of job applicants on Facebook would mean big changes in America, since recruiters routinely use social-networking sites to find out more about applicants. A 2009 survey from job networking site CareerBuilder.com found 45 percent of employers used social networking sites to research candidates and 35 percent rejected applicants based on what was uncovered.

Of the 35 percent of employers who found content causing them not to hire the candidate:

• 53 percent cited provocative/inappropriate photographs or information
• 44 percent cited content about drinking or using drugs
• 35 percent cited bad-mouthing of previous employers, co-workers or clients 
• 29 percent cited poor communication skills
• 26 percent cited discriminatory comments
• 24 percent  cited misrepresentation of qualifications
• 20 percent cited sharing confidential information from a previous employer 

However, social networks should not be seen by employers as some sort of “cheap-and-easy” background check, according to Les Rosen, President of Employment Screening Resources (ESR), a leading provider of background checks for employers and recruiters.

“Employers and recruiters have discovered a treasure trove of information on potential job applicants in social networking sites such as Facebook and LinkedIn,” says Rosen, a frequent speaker on employment screening issues and the author of “The Safe Hiring Manual – The Complete Guide to Keeping Criminals, Imposters and Terrorists out of the Workplace,” the first comprehensive guide on employment screening for employers. “However, the use of these social media sites can present legal risks, including privacy and discrimination issues. We show employers how to avoid these legal landmines.”

ESR will present a webinar featuring Rosen to educate employers and recruiters on the proper use of popular social media such as Facebook and LinkedIn during background checks. The webinar – “Avoiding Legal Landmines when Using Facebook, LinkedIn, and Other Social Media Websites for Screening Candidates” – will be presented on Thursday, August 26, 2010 from 2:00pm to 3:30pm ET (11:00am to 12:30pm PT). For more information, visit: http://www.esrcheck.com/ESR_Speaks/Background-Screening-Checks-and-Facebook-and-MySpaceLegal-Limitations-and-Issues-63/.

Questions that will be answered in this informative and educational webinar include:

• Why do major employers, human resources, and recruiters use search engines and social network sites to screen candidates?
• What are the risks in using these social network sites?
• Isn’t everything on the web fair game since privacy is waived once someone places something on the Internet?
• How do discrimination laws and rules concerning off-duty conduct apply?
• What are the best practices for employers when using social network sites?

For more information about Employment Screening Resources (ESR), visit: http://www.ESRcheck.com.

Sources:
http://www.nytimes.com/2010/08/26/business/global/26fbook.html/
http://thehiringsite.careerbuilder.com/2009/08/20/nearly-half-of-employers-use-social-networking-sites-to-screen-job-candidates/
http://www.esrcheck.com/SafeHiringManual.php
http://www.esrcheck.com/ESR_Speaks/Background-Screening-Checks-and-Facebook-and-MySpaceLegal-Limitations-and-Issues-63/
http://www.esrcheck.com/wordpress/2010/08/20/esr-webinar-shows-how-to-avoid-legal-landmines-if-using-social-media-like-facebook-and-linkedin-for-employment-screening/

By Thomas Ahearn, ESR News Blog Writer

In an effort to stop the employment of unauthorized workers, Pennsylvania and New Jersey have introduced legislation for E-Verify, the web-based Employment Eligibility Verification System run by U.S. Citizenship and Immigration Services (USCIS).

E-Verify lets employers electronically verify the employment eligibility of newly hired employees by comparing information provided by employees on the Employment Eligibility Verification form – or Form I-9 – against records in the Social Security Administration (SSA) and Department of Homeland Security (DHS) databases.

The Pennsylvania House of Representatives recently passed two pieces of legislation – HB 1502 and HB 1503 – that requires certain employers in the state to use E-Verify.

• HB 1502 would require all state contractors and subcontractors to verify the status of new employees with E-Verify.
• HB 1503 – the “Construction Industry Employment Verification Act” – would require all construction industry employers (regardless of whether there is any state contract or public funds) to confirm employment eligibility of new employees through E-Verify.
• In addition, employers relying in good faith on E-Verify would be immune from sanctions under the both proposed Pennsylvania bills.

Meanwhile, New Jersey is forwarding E-Verify legislation by introducing bills – S1842 and A2600 – that prohibit employment of unauthorized workers and require employers with 100 or more employees to verify the employment eligibility of all new employees with E-Verify by December 31, 2010. Smaller employers have until December 31, 2011.

• S1842 and A2600 call for statewide random auditing as well as complaint-driven investigations.
• S1842 and A2600 require that employers terminate unauthorized workers and the attorney general or county prosecutor shall notify U.S. Immigration and Customs Enforcement (ICE) as well as local law enforcement of any unauthorized aliens.
• Sanctions include penalties ranging from $100 to $1,000 per violation and loss of business licenses – possibly permanent revocation – depending upon the offense.

Along with the legislation in Pennsylvania and New Jersey, many other states require or will require employers to participate in E-Verify in some manner. Some states – such as Arizona, Mississippi, and Utah – require all employers in the state to participate in E-Verify, while other states require only public or state employers or those contracting with the state to use E-Verify.

For more information about the legislation in Pennsylvania and New Jersey – and the increased worksite enforcement through Form I-9 audits – read the article “Pa., N.J. Move Forward With E-Verify; Will Feds Follow?” on The Legal Intelligencer.

Employment Screening Resources (ESR) – a national background screening provider and authorized E-Verify Designated Agent – can help employers virtually eliminate I-9 form errors, improve the accuracy of their reporting, protect jobs for authorized workers, and help maintain a legal workforce. For more information about the E-Verify Electronic Employment Eligibility Verification system, visit http://www.esrcheck.com/formi9.php.

Sources:
Article: http://www.law.com/jsp/lawtechnologynews/PubArticleLTN.jsp?id=1202464369090&Pa_NJ_Move_Forward_With_EVerify_Will_Feds_Follow
PA Bill House Bill 1502: http://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2009&sind=0&body=H&type=B&bn=1502
PA House Bill 1503: http://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2009&sind=0&body=H&type=B&bn=1503
NJ SENATE, No. 1842: http://www.njleg.state.nj.us/2010/Bills/S2000/1842_I1.PDF
NJ ASSEMBLY, No. 2600: http://www.njleg.state.nj.us/2010/Bills/A3000/2600_I1.PDF

By Thomas Ahearn, ESR News Blog Writer

In the wake of the tragic shooting spree on November 5, 2009 at Fort Hood, Texas that took the lives of 13 military personnel and wounded 32 others, the Department of Defense (DoD) is calling for more education about workplace violence as part of its final review of the recommendations from the independent report “Protecting the Force: Lessons Learned from Fort Hood,” this according to a news release on Defense.gov.

As part of the “follow-on” review final report, the DoD will place a high priority on implementing a number of recommendations to strengthen policies, programs and procedures in several areas, one of which includes “educating commanders about the symptoms of potential workplace violence and the tools available to them to address it.”

More specifically, “Recommendation 2.6 a, b: Update Policies to Address Workplace Violence” in the follow-on report states the Independent Review found that “guidance concerning workplace violence” was insufficient and that these programs “may serve as useful resources for developing more comprehensive workplace violence prevention.” As for future action to address workplace violence, the report indicates DoD policy and guidance on the prevention of workplace violence will be developed by January 2011.

The report stems from an incident in which Army Major Nidal Hasan, an Army psychiatrist, allegedly opened fire on soldiers readying for deployment at Fort Hood. He has since been charged with 13 counts of murder and 32 counts of attempted murder.

The report underscores the need for the DoD to to broaden its force protection policies, programs, and procedures to go beyond their traditional focus on hostile external threats.  The final recommendations of the Fort Hood follow-on review can be found at: http://www.defense.gov/news/d20100820FortHoodFollowon.pdf.

Since the troubling incident at Fort Hood in November 2009, several other deadly cases of workplace violence have occurred that have garnered national media attention:

• In January 2010, an employee at a manufacturing company in Missouri involved in a lawsuit filed against the company allegedly killed three people and then shot himself.
• In February 2010, a professor supposedly upset about being denied tenure at a university in Alabama allegedly fatally shot three professors during a faculty meeting. 
• In August 2010, a truck driver in Connecticut who purportedly stole from his company and resigned reportedly killed eight people and then shot himself with a handgun.

“Workplace violence” is loosely defined as threats, assaults, and violent acts – including murder – which occur in, or are related to, the workplace. All employers should consider having policies, practices, and procedures to address the subject of workplace violence.

For more information on workplace violence, visit Employment Screening Resources (ESR) at http://www.ESRcheck.com.

Sources:
http://www.defense.gov/news/newsarticle.aspx?id=60536
http://www.defense.gov/releases/release.aspx?releaseid=13816
http://www.defense.gov/news/d20100820FortHoodFollowon.pdf
http://www.cnn.com/2010/CRIME/01/08/factory.shootings/index.html?iref=allsearch
http://abcnews.go.com/GMA/alabama-university-shooting-suspect-amy-bishop-violent-past/story?id=9839348
http://www.esrcheck.com/wordpress/2010/02/17/family-of-alabama-university-shooting-victim-hope-tragedy-leads-to-more-thorough-background-checks/
http://www.cnn.com/2010/CRIME/08/03/connecticut.business.shootings/index.html?iref=allsearch