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Oil Spill Disaster

The Gulf Coast spill has been all over the news and will most likely affect the livelihoods of thousands of people in a negative way. As business owners in any venue, we must look out for the well-being of our employees. Twenty years ago, we heard a similar story with the Exxon oil disaster when people who earned their living off the land and sea had careers cut short.

The Gulf oil spill is a déjà vu of the Alaska disaster. Kent Bowen of Park City, Utah had an Alaskan fishing career when it ended with the Exxon oil disaster. His counsel for those recently affected by the oil spill is not to wait for the oil company to compensate. Brian O’Neill, an attorney with the firm Faegre & Benson, predicts 20 to 30 years of litigation for fishermen and small-business owners affected by the gulf spill as evidenced from the Alaska disaster (Read the full story here).

Today in Bayou La Batre, Alabama, there are many complaints from out-of-work fishermen. Some believe that they’re being ignored when it comes to finding other jobs. But rather it seems that those businesses in charge are attempting to hire the right people. They’re screening, doing background checks, assuring that those very fishermen are actually hired. In this case, background checks are a must for oil workers. Even though we can’t affect the litigation process and its timing, some businesses can at least offer jobs and they can be offered protecting both those who are doing the hiring and those hopeful candidates.

In a broader sense, there are many who may be out of work whether due to oil spills or the economy. As business owners, we have the ability to help by hiring correctly. And this isn’t merely an altruistic motive. A successful business is as successful as its employees. When screening employees and performing background checks, we’re ensuring as best as we can that we have ethical, committed and loyal employees who are working for the common good of the company and at the same time we have the potential of affecting the livelihood of those candidates. So the lesson that can be learned from this disaster -- as in any number of disasters in our world today -- is that there are always opportunities to help, even if it’s just awakening to what we can do to better our business by hiring those in need while also protecting our own livelihood.

Background Checks for Volunteers

When someone is a volunteer for an organization, should they have their background examined? This is an issue facing many organization heads -- whether they run schools, a landscaping business or a sports team. The bottom line is that just like part-time workers, the volunteers may essentially be performing the same tasks but minus the paycheck. These volunteers then intermingle with the customers or children, the elderly or the disabled -- whatever the form of business. They are therefore also representing the organization. Money for this may be a problem and should be examined prior to accepting volunteers whether the volunteers pay for this or the company does. Having volunteers can save money so funding for background checks is really a small price to pay for extra care and caution to protect our business and our customers/children etc. Almost anyone can be a volunteer, but we mustn’t just have anyone doing the job, especially if it involves work with the vulnerable.

The question can now become, how far should we really go? Should we check out every single volunteer, no matter what the duties? What about a board member? Take the case of Matthew Boyer, 35, who was a school board member in Newton County, Missouri and maybe we’ll rethink how far background checking should go. He was charged with statutory rape of a 16 year old and possession of child pornography. Criminal background checks are required for the teachers in Missouri, but not for school board members. Local school districts are now realizing how essential it is to have background checks even when you’re a volunteer working with children (Read the article here).

I volunteer at my children’s school all the time as do many other parents, but I admit it seems a grandiose and even idealistic notion to do a background check on every person that walks through the school doors. I do, however, recognize the necessity and of course want my children and all children to be protected from the predators and criminals. I wondered, has a large scale background check been done before on volunteers? In Hillsboro, Oregon, eight district schools will do exactly that. The process began just about two weeks ago where now thousands of classroom volunteers and event chaperones will be checked, requiring a date of birth and Social Security number or an identification card. If this background checking program works, it will be expanded to other schools beginning in the fall. This basic records check will also be performed from a district level to alleviate inconsistencies in the checking from one school to another. Of course, speeding tickets may not hinder a parent from volunteering, but certainly crimes related to sex, drugs and violence would. It will be interesting to see the results of this program. (Eight Hillsboro School District Schools Will Background Check All Volunteers Under Test Program)

Whether we have volunteers or paid employees in our organization, weeding out the criminals and harmful deviants is a necessity if we want to run a successful and safe organization.

Are Credit Checks Necessary?

I’m a believer in background checks, but as with many things -- it depends on the context. Am I going to run a background check on a neighbor who’s brought me some freshly baked cookies? Or a harmless professor who’s given me a bad grade? Probably not. But if I’m a manager of any business, including rental properties, it would be unwise to not perform some kind of background check. But then again -- depending on what business we’re in -- we need to consider the kind of background check we’re performing on our potential employees or renters. With renters, it’s smart to run a credit check and criminal background check. After all, we want our rent paid on time and who wants a criminal in our midst? But even so, understanding the details helps clarify the credit or criminal history. It’s not always black and white. In the work environment though, what’s necessary? Certainly some kind of pre-employment screening process which would include a psychological assessment and background check would be important for a safe environment. We need to know if we’ve hired criminals. However a controversial current topic is whether credit checks are important in the hiring market. Perhaps it’s more for the renters, but you weigh in and see what you think.

The argument is that with the difficulty of finding a job in this economy, some are being additionally penalized because of their credit histories. Credit checks have definitely increased over the last several years according to the Society of Human Resources Management although only 13% perform them on all their potential candidates. From an employer’s standpoint, it may give them a window into the honesty of the potential employee. If they’ve been desperate enough to steal in the past, what will prevent them from doing it again? From an employee’s standpoint, they’re trapped if they’re struggling financially with little hope to improve when noone will hire them. It’s the broad generalizations that seem to harm. But then again, who can fault an employer for watching their backs? As with everything in life, decisions are complex and all points need to be taken into account. But with controversy comes lawmakers fighting on both sides. At least sixteen states from South Carolina to Oregon have lawmakers wishing to ban credit checks for those seeking work. And why has this occurred? It all started with Terry Becker, an auto mechanic who couldn’t find work. He couldn’t find work because of the medical debt he found himself in due to a son who suffered from seizures. Obviously this financial history doesn’t reflect whatsoever on Terry Becker as a worker. If hiring employers are unable to distinguish the difference between bad choices and unfortunate circumstances, then they may be too dim-witted to be running the show successfully anyhow (Read full story here).

Background checks are necessary; they allow the employer to make good hiring decisions. Even so, the kind of checking should be considered -- what’s essential for the job -- as a ban of all credit checks may cause more problems in the end. And hand in hand with that is a more personal approach, an interview, where a deeper insight can be gained of the integrity and goals of the hopeful employee-to be.

Do your Homework: Perform a Background Check

Hiring an employee from an agency -- whether it be a nanny, home health care worker, etc. -- doesn’t guarantee anything. People are getting wiser though and most clients won’t go near an agency that doesn’t perform background checks on all employees. Unfortunately a blind Ohio attorney, Carl Rose, followed up on a recommendation for a personal assistant. His case worker, working for the Ohio Bureau of Vocational Rehabilitation, recommended Nancy Haylor and she subsequently stole over $22,000 from Rose. Rose filed a lawsuit against the state agency and lost, but he’s now considering appealing. Haylor had a history of theft conviction from stealing from a previous employer. Yes, Rose should have been more cautious and should have even performed a background check on his own. But recommendations should be made with caution, especially if you’re representing an agency. Moral of the story -- do background checks (Read full story here).

So what are you looking for in a background check? Especially if you run an agency, focusing on senior home care or rehabilitation. Here are some questions you may want to ask when choosing the appropriate background check.

1. Is a sex offender check included?


2. Does the check include criminal court records in multiple states where the candidate has lived?


3. Do the addresses given by the potential employee match those provided by the background check?


4. Is there a driving record check?

Background Checks on Home Service Workers?

We all remember the story of Elizabeth Smart. On June 5, 2002, this 14 year old girl from Salt Lake City Utah was abducted from her bedroom. Nine months later, she was found about 18 miles from her home in Sandy, Utah. She was with her kidnappers: Brian David Mitchell and Wanda Ileen Barzee. So who was this Brian Mitchell and what was the connection to the Smart family, if any? The Smarts were kind people, seeking out umemployed people in the community and paying them to do handyman jobs around the house. Mitchell, who went by Emmanuel, was a hired handyman who worked on the Smart's house for a day, raking leaves and doing roof work.

Let's look at another case that didn't have such a happy ending. In February of 2001, Sue Weaver had two men come and clean out her air ducts in her Orlando, Florida home. Six months later one of them returned, raping and murdering her. Jeffrey Hefling then set fire to her home and body, hoping to destroy any evidence. Jeffrey Hefling was a convicted sex offender and was on parole when he came to clean Weaver's air ducts. Out of this tragedy Weaver's sister, Lucia Bone of Flower Mound, Texas, began a nonprofit organization -- C.A.U.S.E. (Consumer Awareness of Unsafe Service Employment) -- who's mission is to educate consumers about the risks of home service workers and to make background checks mandatory for such workers. They strongly encourage businesses that hire home service workers to perform thorough background checks on their employees. They want the public to recognize their C.A.U.S.E. seal and feel safer if they've hired someone from a C.A.U.S.E. certified company.

A large reputable company doesn't always guarantee our safety. Hefling was a subcontractor to a major department store in Orlando that offered the duct cleaning services. Both men were actually ex-cons and Hefling had even admitted on his job application that he'd been in prison for 14 years. The victim's family settled a lawsuit against this major department store chain in 2004. Perhaps if a background check had been conducted on Hefling, Bone's sister would still be alive today (Read the full story here).

As business owners, performing background checks on every subcontractor and employee may seem far too expensive. And it can be, but it's nothing compared to an expensive lawsuit. There are more and more companies that don't perform checks on their employees that are now dealing with major lawsuits. Take Sears Roebuck and Co. who settled a lawsuit with a Maryland woman who was assaulted in her home by one of the carpet cleaner workers. He had a long criminal record under his belt when he started working for Sears as a carpet cleaner. As in the prior case he was a subcontractor, but the victim filed the lawsuit against Sears. Now Sears requires checks on all their home service workers. An expensive lesson learned (Read this story and similar reports here).

Let's be informed business owners. Whether we contract out in the home service field or are involved in any other form of business, we need to protect our consumers/clients/fellow employees as best as we can.

Preventing Workplace Violence

Business Management Daily has prepared a Workplace Violence Prevention Toolkit. This free toolkit for HR professionals provides some excellent advice. The toolkit leads with 5 steps to take in order to help prevent violence in the workplace.

First on the list of steps to take is employee screening. Dennis A. Davis, a former SWAT team liaison who now directs client training for the employment law firm Ogletree Deakins is quoted in the toolkit that "an effective workplace violence prevention program starts with employee screening". The reason is simple. The reason for using employee screening is to avoid hiring the type of person who has demonstrated their inability to hold their temper and manage their impulses and emotions.

It is truly rare that a job candidate will disclose to an interviewer that they have a problem managing their temper, are prone to outbursts, harbor grudges, and fantasize about elaborate schemes to get even with all the candidate perceives as threats. Because job candidates are engaged in selling a product (themself), they will tell you about their positive attributes but are unlikely to divulge any of the negative details. That is why it is up to the recruitment team to identify which candidates are susceptible to violence.

The first thing most HR professionals think of is a criminal background check for violent crime. This is an appropriate step to take and can help reduce the likelihood of hiring someone who is still struggling with "impulse control". There is more that can and should be done however. Many companies are not aware of tools that industrial/organizational psychologists have produced.

A favorite is the Tescor Survey which was produced a number of years ago by Dr. Peter Bullard of American Tescor, LLC. Dr. Bullard's work utilized the cognitive dissonance between actual standards of performance and behavior and the perceived standards in four key areas: Theft, Substance Abuse, Violence, and Integrity Deficiency. The four areas all seem to be inter-related (people with one problem, frequently have problems with the others as well) but it is the violence score that is relevant to this topic.

Dr. Bullard's work, the Tescor Survey, is, to my knowledge, unique in its ability to identify job candidates who show the greatest chance of exhibiting violence at work. Any one of the hundreds of background screening companies can run a criminal history check for you and discover who among the candidates has a record of violent crime. What distinguishes Merchants is the use of the Tescor Survey to identify the violent individuals before they are hired and most importantly before they offend.

That's right. This behavioral assessment tool can help you identify the violent candidates before they commit the crime. Violent individuals do not lead cool, calm lives and one day wake with murderous intent. There are, almost always, warning signs and indicators that if heeded, can identify the violent.



Read, for example the case of Jason Rodriguez of Orlando, Florida. In hindsight, many people were able to recognize the warning signs but apparently few did at the time. As a consequence, 5 coworkers are injured and 1 is dead.

Criminal background checks are good, important essential, and should be run to screen job candidates. However, they are only good at catching those who have been apprehended, charged, and convicted which is a small minority of those who are violent. To keep your business safe, you need to use the better tools that are now available. The warning signs are out there, you just need to be able to read them. The Tescor Survey can help you spot them before its too late.

Criminal Background Checks: A Necessity?

When running any kind of business, it's important to know who we're hiring. One of the steps within that process is getting criminal background checks on our potential employees. We may only be interested in abiding by the hiring laws in our state -- which do vary from state to state -- or we may want reassurance that are employees have an honest and seemingly ethical background. Whatever the case, criminal background checks are essential if running a successful business is important to us. Perhaps the employees won't be pleased, as in the case of cabbies working at the Pensacola Naval Air Station who may have to look elsewhere to gain a taxi fare. With new security rules, taxi drivers now have to submit criminal background checks. These cabbies will be denied access to the base if they have active arrest warrants or have had felony convictions, illegal drug involvement, sex offenses and any other security concerns. Sounds good to me as I'm sure it does to paying customers, but not so great-sounding to cabbies with a past (Read the full story here).

If cost is an issue for us and we also end up with potential candidates who are disgruntled because of the background check, but otherwise would have been great employees (with a record and now seemingly harmless) -- why bother? Here are some brief points to consider:

• There are penalties for hiring illegal immigrants.



• Fraud is one of the reasons why small businesses sometimes fail.



• A company that performs background checks is seen as more trustworthy and professional.



• Customers are protected.



• Employees are protected.

In a nutshell, think about hiring a sales clerk who has a record of embezzling, a volunteer Sunday school teacher who's a pedophile, or a truck driver who has a number of D.U.I.'s. Ridiculous thought, isn't it? But unfortunately in these times, it does happen. There's no reason for us to skip the important step of background checks. The cost pays for itself in the form of a reputable business with upstanding employees.

A Bus Ride No Kid Should Take

Whether you own an office building or a bus company, performing background checks on potential employees is a crucial step in protecting yourself and your customers. It sometimes can take one bad seed or employee to taint the name of your business. Sometimes clients can be forgiving, but it can depend on what was put in harm's way -- their money, their trust or even their children.

My kids take the bus to school and I worry more about creeps lurking at the corner than a questionable bus driver. As a parent, I put my trust in the school who hired the bus company to transport my kids. Just recently in Skokie, Chicago a bus driver was suspended after he was charged with endangerment. So for the parents in Skokie, there weren't any crazy strangers lurking around, just a bus driver who was driving under the influence of drugs. These seventh graders expected a normal drive home after a day at middle school and instead experienced more of a horrendous carnival ride with a driver who drove erratically. He swerved lanes, sped up and slowed down, had his head on the steering wheel, drove over curbs and hit signs. Kids called their parents on cell phones, complaining of the driver and some parents, along with the police, got to then see first hand the erratic behavior of the driver and the terrified screams of the children. Brian Skoglund, 40 was ultimately charged with 41 counts of child endangerment (Read the full story here).

In this instance, the bus company apparently had performed background checks. But even so, some parents are now pushing for another bus company -- an example that sometimes clients may not be so forgiving. Perhaps the background check needed to be more extensive, including psychological assessments and such testing as drug-testing needs to be something performed on a regular on-going basis. I don't know the solution, no one has a crystal ball, but I do know as a parent that I expect vigilant checking on anyone who is responsible for my kids, even those who transport them home.

Jaycee Lee Dugard & the Background Check that found her

I think it's a parent's worse nightmare to imagine having their child being kidnapped. We've all heard the story of Jaycee Lee Dugard by now: The girl who was kidnapped at age 11 and now has been found at age 29. She was at a bus stop in front of her house in South Lake Tahoe, California when Phillip Garrido, a paroled sex offender, and his wife, Nancy, abducted Jaycee Lee Dugard. During her eighteen years of living in an isolated backyard in Antioch, California -- where her home was made up of tents and sheds -- she gave birth to two girls, now 15 and 11, who were fathered by her abductor.


Three years prior, there had been a call to the Contra Costa County sheriff's department about people living in the backyard of Phillip Garrido. A deputy did respond but didn't do a search or a background check. He's since apologized. So this investigation went years without any development until Garrido showed up at the Berkeley campus in California with his two daughters. He was handing out literature and two campus police officers noted suspicious behavior. So what did the two officers do? They ran a background check on him, revealing he was on parole for a 1971 conviction for rape and kidnapping and had spent time in a prison in Kansas. They reported his behavior to Garrido's parole officer who was surprised that Garrido had children. Garrido showed up with his wife, two daughters and Allissa -- who was Dugard. And that's when the mystery was solved -- both an incredible tragedy and miracle. If these campus officers hadn't performed a background check, this case would still be considered a cold case.


It's clear that background checks can solve crimes and are imperative for security in this day and age. This only cements the idea that background checks are necessary when hiring a new employee or seeking out residents for your rental properties. No one would ever imagine such evil lurking so close (Read the full story here).

Reality Background Checks

Background checks are a very important, useful tool for understanding the makeup of a prospective employee. The information they contain can greatly influence the hiring decision, and in some cases stop a candidate completely. For that reason, care should be taken to ensure that the background check contain information that is timely, accurate, and relevant. Let’s look at a couple of cases where there was either too little or too much (yes, too much) information in the report.

Reality shows are the new soaps of our day. When I was a kid, I had a friend who's mom was addicted to soaps. It was before the days of recording your favorite shows and when she missed it, she'd play it on tape recorder in her kitchen -- only the voices having an intense conversation over long-lost twins or a new-found love -- it was your imagination that would play out the visual scenes. Then it was the talk shows who'd broach topics that would make your grandmother roll in her grave. Now it's the reality shows where people are competing for love, money or whatever the top prize may be. They're put in situations where their worse traits are brought to the forefront through temptation, greed or the universal need for love. We observe some crazy characters, but surely they wouldn't put a truly psychologically ill wild man on a show where others could be harmed? Or would they?

Take the sad recent example of the grisly murder of a former swimsuit model Jasmine Fiore. She was strangled and her body mutilated and it's suspected that her ex-husband, Ryan Alexander Jenkins, is the murderer. And who is Ryan Alexander Jenkins? A reality TV star who was a contestant on Megan Wants a Millionaire. The producers apparently had no idea that he had been sentenced to 15 months probation after an assault charge in Canada -- his native home (read the full story). Maybe it's time, in these cases, for full criminal background checks to be performed. This is a prime example when the only background check appears to be good looks and charisma.

Occasionally a background check report can contain too much (non-relevant) information. In Minnesota, a 26-year-old college student was confident when he was offered a management internship with a construction company last winter. The only prerequisite at that point was to pass a background check. He failed the check. Why? A former boss of Matthew Baken included private information -- an on-the-job injury two years prior – in the details provided to the interviewer in the background check. Baken’s medical history is a private matter, not relevant to hiring, and should not have been disclosed (read full story).