Private, Off Duty, and Not Unlawful Conduct Posted without Consent on Internet not Grounds to Terminate Teacher

The boundaries of using the internet for employment decisions was tested in a Michigan case involving the termination of a teacher that was photographed without her consent at an adult party engaged in a simulated sexual act, where students were not present and the conduct was not unlawful.

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Adverse Action Letters under the Fair Credit Reporting Act (FCRA) and Employment Screening Background Checks

By Lester Rosen, ESR President From the ESR mail box: Here is a frequently asked question dealing with the federal Fair Credit Reporting Act (FCRA) and the pre-adverse and post-adverse action notices.  Suppose an employer has two finalists for one position. The employer submits both names for background checks and both candidates have clear background …

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Background Check Expert Lester Rosen to Present at Human Resources Meeting on Social Networking Sites

By ESR News Staff Employment Screening Resources (ESR), a leading international employment screening background checking firm headquartered in the San Francisco area, announced that its president, Lester Rosen, will be presenting before the Mt. Baker SHRM Chapter in Bellingham, WA on August 11, 2010. The Mt. Baker Chapter of SHRM is a chapter of the Society for …

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New Twist on Outsourcing in Japan: Sending Workers Offshore to Cheaper Locations

By Lester Rosen, ESR President In a number of blogs, Employment Screening Resources (ESR) has discussed why employer should very carefully consider the dangers of utilizing an employment screening process that sends applicant data off-shore for processing.  Such a practice puts the employer at risk.  Making Personal and Identifiable Information (PII) available to off-shore operator …

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MA Regulations Require Businesses to Have Information Security Program to Protect Personal Information

The Massachusetts Offices of Consumer Affairs and Business Regulations (OCABR) recently passed regulations that went into effect March 1, 2010 and are aimed at safeguarding the personal information of Massachusetts residents by requiring a business to have a Written Information Security Program (WISP) to protect personal information. The STANDARDS FOR THE PROTECTION OF PERSONAL INFORMATION …

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Can Employers Automatically Exclude Job Applicants with Criminal Records?

By Lester Rosen, President of ESR From the ESR Mail Box Question: Can an employer automatically exclude an applicant with a felony or criminal record? What about automated processes that use a system to identify applicants with a criminal record? Answer: The one thing that an employer can be advised with some certainty is that any …

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Due Diligence Checklist Employers Can Use for Employment Screening Process

By Lester Rosen, ESR President The following Due Diligence Checklist contains questions employers can use to find out if an employment screening company is utilizing due diligence in its employment screening process. A .PDF version of this Due Diligence Checklist that employers can download and print is located at http://www.esrcheck.com/file/Extras/ESRDueDiligenceCheckUp.pdf. Have there been any material changes …

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Investigation Reveals Some Child Care Workers in Florida Not Background Checked

By Thomas Ahern, ESR News Staff Writer A story in the Daytona Beach (FL) News-Journal reveals that an ongoing investigation into Florida’s local child care licensing office found that some local child care facilities have not been implementing criminal background checks on all child care employees. According to the News-Journal, files in over 100 child …

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Kentucky Case Uncovers Holes in Background Checks for Nursing Home Employees

by Thomas Ahearn, ESR News Staff Writer A case against a Kentucky nursing home may reveal holes in laws meant to protect nursing home residents since the state only requires criminal background checks for employees caring directly for nursing home residents but not background checks for nursing home support staff like maintenance workers. According to …

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USCIS Clarifies Three-Day Rule and Hire Dates Used for Form I-9 and E-Verify

By Thomas Ahearn, ESR News Staff Writer Since understanding the “Three-Day Rule” and determining the hire dates for completing Form I-9 and E-Verify are not always clear and simple for employers, the U.S. Citizenship and Immigration Services (USCIS) has added an important update to their E-Verify website that attempts to clarify both the definition of …

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