Written by Administrator. Posted in ARTICLESWHITE PAPERS
When a Lawsuit Comes, It’s Coming for You (Not Your Fly-By-Night Screening Company)
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If your company is one of the tens of thousands that relies on repairmen, installers, contractors, and other employees or affiliates who enter customers’ homes on your behalf, a fear of working with the wrong employment screening company should keep you up at night.
Here is why: Virtually anyone with a computer can sign up for a few database services and announce that they are in business as a "background check provider" within a few days, or even less. There isn't any training involved, just a few business cards, a website, and access to the same public databases that any of us could reach from home if we had a few minutes to spare.
Although they are usually advertised as being "national," these services typically cover 38 states or fewer. And, they are notoriously easy to beat, since these so-called "instant" background checks just compare names and Social Security numbers against broad database matches. There isn't any insight, much less oversight.
Instant Background Checks Are a Huge Liability Waiting to Happen
The natural result – which a lot of business owners and employers would like to overlook – is a system that makes it incredibly easy for convicted criminals and others with dangerous pasts to slip through and gain employment. Because the instant background check companies are often little more than marketing services, they don't check actual court records and dispositions at the federal and state level. They certainly aren't going to go through the trouble of checking local and municipal courts.
But what happens when one of these dangerous people decides they didn't turn over a new leaf the moment they put on your uniform and started working with your employees and customers? The answer, more often than not, is a violent crime and lots of regret... not to mention a sizeable lawsuit.
Will you be able to sue your instant background check company for negligence under those circumstances? Possibly, but you aren't likely to recover much.
More importantly, you can bet the victims aren't going to worry about which fly-by-night background check company you used – they’re going to be coming after your company, and the courts are going to side with them. Your business could stand to lose millions from one poor hiring decision because you won't be able to show that you adequately investigated the criminal history of someone you hired before unleashing them onto your customers and employees. Beyond the initial damages, you'll probably lose millions more due to the negative publicity that will undoubtedly follow.
Investigative Screening: Do You Want It Now or Later?
The ironic thing about this situation is that it inevitably leads the companies that have been affected to do the one thing they should have done in the first place – invest in proper investigative screening rather than flimsy instant background checks. Would you rather make a good decision now, or be forced to do it later following a multimillion-dollar lawsuit because you didn't pursue the right hiring practices?
About The Author: J. Denton (Denny) Dobbins is Nationally and Internationally recognized as the world’s leader in Premises Liability Protection and has been featured across North America sharing the stage with Political Leaders, Police Celebrities, Administrators and Business Leaders. Since 1978, Denny has been involved with the detection and deterrence of Criminal Activity in properties and employment of all types.
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Written by Administrator. Posted in ARTICLESWHITE PAPERS
Are Children Being Protected in Your Nonprofit Organization?
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When sexual predators prey on children, there are always at least two side effects – an enormous amount of pain and grief, and a period of finger-pointing when parents, lawmakers, and others work to determine who is at fault. Frequently, the blame doesn't just lie with the perpetrators themselves, but also third parties who didn't take the necessary precautions to protect the minors in their care.
This should be of particular concern to nonprofit organizations, most of which employ only very cursory background check processes (or none at all). Following high-profile lawsuits, many organizations compare volunteer names against sex offender registries and court records, but that isn't going nearly far enough – in either a court of law or the court of public opinion.
Many people will already be familiar with the legal troubles that the Boy Scouts of America faced when it was determined they were partially liable for allowing sexual molestation to occur while young people were under their supervision. What they may not realize, however, is that thousands of other organizations could be similarly liable. And even beyond the damage to an organization's finances and credibility, few things could be worse than being blamed for the worst of crimes.
Why Criminals Like to Target Nonprofits
At first glance, a nonprofit or charitable group might seem like a poor choice for any kind of criminal. Look closer, though, and you'll see that most volunteer opportunities feature some combination of personal contact, access to sensitive records, and very few barriers to entry. In fact, the policy at a lot of nonprofits is to "just say yes" to new volunteers because the group is so short on staff members and donations. Working on the theory that any help is good help, they'll accept just about anyone who walks through the door.
But, consider what happens when the wrong person decides to join as a volunteer or staff member:
- It's unlikely that their identity or motives will be questioned by anyone at the nonprofit.
- Because they may work with other volunteers and staff members who are on a rotating schedule, there may be little in the way of ongoing oversight.
- At most, they'll likely be subjected to the kind of so-called "instant" background check that criminals know how to evade.
- In a matter of hours or days, they could have access to nonprofit facilities, people's homes, petty cash and valuable equipment, or even other volunteers.
The obvious answer to this problem, of course, is to use live, trained investigators to evaluate staff members and volunteers before they have a chance to do any wrong. For most nonprofits, this can seem like an impossibility, since they can't afford the small fees companies like ISC charge, or don't want to divert the funds from other projects.
The Answer to Nonprofit Background Screening Problems
And so, how can nonprofits and charities get the background screening and identity verification they need, but without having to break their budgets to get it? The easy answer is to pass those costs along to volunteers themselves and let them pay for their self-screening.
That might sound like a big deterrent to recruiting new members to an organization, but the reality is that it's a very small obstacle for someone who is truly committed to assisting with your cause. And better yet, those with a criminal history aren't likely to pay money to raise red flags themselves, so it can be effective in deterring potential volunteers with the wrong motives.
It has been shown time and time again in several courts that nonprofits and other organizations have a duty to protect children and others from dangerous criminals when they should have known the risks. With adequate nonprofit background screening, you can do the right thing for your group, your volunteers, and everyone else who is associated with your organization.
About The Author: J. Denton (Denny) Dobbins is Nationally and Internationally recognized as the world’s leader in Premises Liability Protection and has been featured across North America sharing the stage with Political Leaders, Police Celebrities, Administrators and Business Leaders. Since 1978, Denny has been involved with the detection and deterrence of Criminal Activity in properties and employment of all types.
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