background checks Archives - JDP

Lawsuit Claims Background Check Failures Resulted in Triple Killing

marymae — Thu, 22 Feb 2024 14:28:10 +0000

Feb 22, 2024

A Washington County sheriff and two detectives recently received a lawsuit filed against them. The attorney served them on behalf of the teen who lost her grandparents and mother to a former Virginia State Police Officer. According to the lawsuit, the Sheriff’s Office conducted a deliberately indifference background check on the former officer. Had they performed a proper check, they would have discovered a 2016 incident.

The Officer’s Background

This incident is when the former officer attacked his father, leading to a mental health detention that removed his right to own and carry a gun. As a result, they hired the former officer. A month later, he used his badge and gun to gain access to the house of the teen and her relatives.

In late 2022, the man posed as a 17-year-old boy online while still a Virginia State Police Officer. Later, the public called him the “catfishing cop.” This sentiment deepened as his relationship with a 15-year-old girl came to light. According to the case, he sent gift cards and jewelry to the teenager. He also paid for food and grocery deliveries for the girl.

The two also sent text messages and exchanged voice recordings. However, the teenager did not tell her parents about the relationship. Shortly after Halloween, she ended the relationship because the officer requested nude photos of herself. This rejection led the officer to threaten suicide via email.

The Incident

On November 16, 2022, the former Virginia State Police Officer started training to become a sheriff’s patrol deputy. On November 25, the teenager, her mother, and her sister went shopping. Before going out, the teenager’s grandmother called. She needed to speak with the girl’s mother about something serious.

She also called the teen’s aunt, claiming a detective asked about some allegedly lewd photos sent by the teen. However, the detective was the former Virginia State Police Officer who dated the teenager. He assured the aunt that the grandmother was just distraught.

After receiving the grandmother’s call, the teen’s mother went to the house and requested that she stay in the car. The teenager eventually entered the house only to find her grandmother, grandfather, and mother dead. The former officer caught her shortly after and forced her into his car.

Allegedly, he intended to kidnap her from California to Virginia. Luckily, the San Bernardino County sheriff’s deputies located him. They engaged in a shoot-out before the former Virginia State Police Officer ended himself. According to the lawsuit, the former officer discussed the law enforcement background check process. He allegedly told the teen that the agencies needed to run better checks before he died.

Disclaimer:

Information provided here is for educational and informational purposes only and should not constitute as legal advice. We recommend you contact your own legal counsel for any questions regarding your specific practices and compliance with applicable laws.

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Several Iowa Care Facilities Failed to Conduct Background Checks

naomioverstreet — Fri, 19 Jan 2024 10:47:06 +0000

Several Iowa Care Facilities Failed to Conduct Background Checks

Jan 19, 2024

Twelve Iowa care facilities received fines for violations concerning background checks for workers and residence abuse. As such, the Iowa Department of Inspections Appeals and Licensing charged $500 per violation.

The Department noted that the facilities did not conduct background checks on some workers, failed to investigate cases of suspected abuse, and did not inform the state about possible resident abuse. Many nursing home violations can result in federal fines or penalties of $10,000 or more. However, many resident abuse violations result in a $500 fine by the state.

Some facilities fined for these violations choose not to appeal the claims. In these cases, the penalties automatically become $325. In a recent case, state inspectors alleged that a skilled nursing facility failed to ensure that a staff member had finished their training on dependent-adult abuse. All staff must complete this training during their first six months of work.

The facility also allegedly failed to conduct a background check on an individual before they started working. Meanwhile, the worker who had not completed the dependent-adult abuse training finished it during the state inspection. During the inspection, the facility conducted a background check on the worker whom they had previously failed to run a check.

Another case concerned another assisted living center’s failure to conduct checks before employing a worker. Allegedly, the center did not complete child and dependent-adult abuse background checks. Instead, the center only completed a criminal background check before hiring the worker.

Meanwhile, another worker at this facility had some unspecified criminal history. The Iowa Department of Health and Human Services should have reviewed this background before the facility hired the worker. This process ensures the employee’s suitability for employment in a care setting. However, the facility hired the individual without the Department’s determination.

Another example of background check violations involves another care facility in Iowa. This facility did not complete the required background check before hiring the employee. According to the inspectors, the facility did not fill out the mandatory form for a state evaluation of the employee’s background. Instead, they hired the person regardless of their suitability to work in a nursing home.

These are just a few examples of the violations. They demonstrate the importance of conducting background checks on prospective employees, especially in the healthcare industry. One way to ensure compliance with state and federal regulations is to work with an experienced background screening company. The right partner will deliver accurate and timely reports to ensure companies can make informed decisions.

Interested in learning more about JDP’s background checks? Contact a sales rep today.

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New York Bill To Improve Background Checks for Camp Counselors Has Been Signed Into Law

naomioverstreet — Tue, 31 Oct 2023 14:11:48 +0000

New York Bill to Improve Background Checks for Camp Counselors Signed Into Law

October 31, 2023

New York’s Governor Kathy Hochul has signed legislation to increase background check requirements for counselors at youth camps. This new law eliminates conflicting requirements under existing state law. In addition, it requires them to check the national sex offender registry regardless of how they are classified.

Governor Hocul said, “Keeping our children safe is a top priority for me as Governor of New York.” She also claimed to be “proud to sign this legislation into law to ensure that every child who attends camps throughout New York State is protected from predators. With this new law, we will help bring camp operators and families greater peace of mind that our kids are in safe hands.”

Past Resolution Attempts

Previous legislation has attempted to solve this issue as well. For example, the law required camps to run new employees and volunteers through the National Crime Information Center database. However, the law contained a significant deficiency. In particular, state law would only permit law enforcement officers and the state Division of Criminal Justice Services to access any of the database’s files.

Under this new law, the New York State Department of Health must require non-regulated and single-purpose day camps to conduct a national sex offender registry search. They must use the United States Department of Justice’s publicly accessible database. The new law would ensure protection from predators for children attending camps in New York State.

How It Works

Camps will use the National Sex Offender website created in 2005. This website would link the registries that states keep into a national site for easy search. People using the site can search for a specific person by entering a name, address, zip code, city, town, or county.

After identifying an individual, the information provided on the registry will depend on the individual’s level of risk. The risk levels range from 1 to 3. Individuals with a level 2 or 3 risk of repeat offenses must appear on the registry. State law requires the New York State Division of Criminal Justice Services to include this information.

As this new legislation recognizes, background checks are a critical factor in making employment decisions. This point is particularly true for those working with vulnerable populations. However, employers in every industry should ensure they work with an experienced and trusted employment screening provider. The right partners can help employers understand the screening process. They also provide accurate and timely reports so that employers can make an educated employment decision.

Discover the benefits of JDP’s seamless background checks for your business. Speak with a sales representative today.

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New Expungement Law Delays Michigan Background Checks

naomioverstreet — Mon, 16 Oct 2023 20:59:21 +0000

New Expungement Law Delays Michigan Background Checks

October 16, 2023

Michigan drivers working for a major ride-share service company have recently faced challenges trying to work. This complication is because the company has struggled with significant delays in background checks. According to the company, it conducts annual screenings on its drivers to ensure they may continue working.

However, Michigan’s new Clean Slate Law has incited delays. This law has caused a backup in the court systems that make background checks go through. The Clean Slate Law took effect in April, expunging thousands of criminal records for eligible Michigan residents.

How the Law Would Work

The law meant to improve education, employment, and housing opportunities for individuals with eligible offenses. However, it applies only to those who have remained crime-free for the required period. The waiting period for eligible misdemeanors is seven years, and for eligible felonies is ten.

Lawmakers expect this law to help many Michigan residents expunge their past offenses. Statistics revealed that over one million residents should benefit from the automatic expungements. However, those who do not qualify can still remove their records. They must use the traditional expungement process if they meet the requirements.

In some counties, the public has lost access to online court records since the law took effect. As such, individuals and companies have struggled to search for relevant court documents. The courts explained that removing access to the public record searches helped the court systems. This removal prevented private information from leaking to the public while court employees reviewed thousands of cases to determine which qualified for the new law.

Potential Changes

As such, the clerk’s office will process any requested records while the cases undergo review. They have acknowledged the inconvenience this may cause and stated their appreciation for everyone’s continued patience. Unfortunately, they have not set a date for when they will finish reviewing eligible cases. This uncertainty means it remains unclear when the public will reaccess the public search system.

Not all businesses have had difficulty conducting background checks. However, larger companies requiring more background checks may struggle to meet the demand. Closing access to these searches could also have devastating consequences for workers depending on these background checks.

This issue clearly illustrates the importance of fast and accurate background checks for employment. Employers should consider working with a trustworthy background screening provider to mitigate the stress. The right provider will use their experience to provide a streamlined solution that meets employers’ growing needs. The vendor will also consistently deliver compliant and accurate reports to ensure companies make educated hiring decisions.

Looking to easily verify your employment qualifications? Contact a sales rep today about switching to JDP background checks.

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Outsourcing HR: Why Staffing Agencies Are Running Background Checks for Companies

mmather — Fri, 17 Feb 2023 13:15:05 +0000

A growing number of companies have opted to outsource much of their Human Resources (HR) functions. In many cases, the responsibility of running background checks on new applicants relies on staffing agencies to complete and manage the process.

There are several reasons a company might choose to have its staffing agencies run background checks on potential employees. Most obviously, staffing agencies are well-rehearsed in the screening process, leading to an efficient process that organizations’ internal teams don’t have to bear. Additionally, with the scale of screenings, a staffing agency conducts, they often are able to get better pricing on packages.

What Do Staffing Companies Do?

The responsibility of a staffing company varies from the organization but typically includes:

Recruiting and sourcing candidates: they are responsible for filling positions with the best candidates that are qualified and meet the skills required by the company. This is typically done through job postings, social media, and networking.
Interviewing and selecting candidates: The agency typically conducts initial interviews to ensure suitability for the position.
Screening and assessing candidates: the pre-qualification work of a staffing company is where much of the value is sourced for organizations. From running background checks to verifying the necessary skills, the staffing agency’s responsibility is to match the right candidate with the right position.
Hiring and onboarding: Some staffing companies take hiring a step further and assist with the actual onboarding of the selected candidate. This typically includes working with the organization’s internal staff to create a checklist and smooth onboarding system.

Do I Need to Screen Temporary Employees?

The simple answer is yes, it is advisable to conduct a background check on temporary employees, just as you would for full-time employees.

While temporary employees may not be with your company for an extended period, they will still have access to your company’s resources and information, and their actions could significantly impact your business. Background checks can help to uncover any past criminal history, verify employment and education credentials, and ensure that the temporary employee is a good fit for the role they are being hired to perform. Additionally, conducting background checks on all employees, whether they are temporary or full-time, can help ensure that your company complies with legal and regulatory requirements related to employment screening.

Final Thoughts

Whether your background screening and hiring process is internal or outsourced, it’s ultimately the employers’ responsibility to ensure the pre-hire process mitigates the risks your particular company requires. This means understanding what is included in your staffing agency’s background check and ensuring it meets your needs. We suggest working with your staffing agency and/or background screening company to build a background check report that meets your company’s unique needs.

Disclaimer:

Information provided here is for educational and informational purposes only and should not constitute as legal advice. We recommend you contact your own legal counsel for any questions regarding your specific practices and compliance with applicable laws.

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Should You Hire A Candidate Who Was Fired?

JDP Team — Mon, 19 Oct 2015 17:09:20 +0000

Frequently, candidates who were fired from their last positions are at a disadvantage during the hiring process. As you verify their employment history and check their references, you will likely uncover the fact that they were fired. So, what should you do when you encounter a candidate who was terminated from their last job? Before disregarding them, here are some things you should consider:

Hiring a candidate just because they have a college degree and a job may not be the best strategy. Being unemployed doesn’t mean the candidate is not qualified or not a good employee. Many good workers are unemployed and just need a chance to prove themselves. Instead of dismissing a candidate whose employment was terminated, consider these possibilities:

They may not have fit well at their previous company or organization, but that doesn’t mean they aren’t a good fit for you. You can ask the candidate to explain their termination to help you get a sense of whether they will work well in your company culture.
People can also get fired if they had to work with bad managers. You can probably think of a boss you had in your employment history who wasn’t easy to get along with or wasn’t qualified to lead. If you put yourself in their shoes, can you really blame them?
Making mistakes is part of the learning process. A mistake that cost them their job won’t be easy to forget so you can hire them knowing they aren’t likely to make the same mistake twice.
Some people just have really bad luck. If you’re the employer to give them a second chance, your new employee will be grateful and anxious not to return to unemployment.

Hiring the right people for your organization is difficult and you’re not alone in this. It’s difficult for most organizations and businesses. So, just because this candidate was a bad hire somewhere else, this doesn’t mean they aren’t worth your time.

You should try to get a comprehensive understanding of the candidate’s qualifications, skills, and personality before making a decision. In order to do this, you can conduct background screening checks and interviews. If you have questions about employment verifications, background screening and reference checks, feel free to contact us!

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Screen Your Employer: Warning Signs of Shady Positions

JDP Team — Fri, 06 Sep 2013 06:43:39 +0000

Background checks can go both ways. If you are a job seeker, be sure to screen your potential employer just as your potential employer may be investigating your credentials. In a tough job market, some less than honest companies can take advantage of job-search desperation. Make checking up on your potential employer part of the hiring process.

Never Pay for a Position

If a position expects you to put down money in order to be hired or to pay for your own background screening this may be cause to be suspicious. Most legitimate companies budget for their own screening service because they recognize this step as an important investment. Companies that expect you to pay up front may just take your money and run without ever offering you a position.

Be careful of companies that require you to purchase your own tools, products, or leads as well, especially if you are purchasing them from your employer. While there are some reputable, established companies that do run this way, their are many that are not on the up and up. If a company isn’t budgeting for the basic necessities of a job, this should send up red flags. You may want to do a little digging of your own to see if they are a known scam.

Pyramid Schemes

Pyramid scheme are businesses that expect you to pay into a program while collecting your own pay from others that you then recruit. This business model is illegal in most areas. Not only are pyramid schemes shady at best, but remember: the person on the bottom of this pyramid always loses out. You might find yourself without a paycheck and in some serious hot water.

High Employee Turnover

If a company has a high rate of turnover, this may indicate some internal problems behind the scenes. You may want to ask about employee retention in your interview process. How long does the average employee stay with the company? You may also want to go out of your way to speak to the employees themselves. How many employees have left in the last year and why? Company turnover can be caused by poor pay, limited mobility, or a hostile work environment, so try to discover the root of the problem before you are committed to a new position.

Under-the-Table Pay

No one likes paperwork, but if you are not filling out tax forms your first day on the job, watch out! If a business is cutting corners by paying you under the table, they may be cutting legal corners elsewhere. Protect yourself by demanding to be a legal employee. You are only protecting your rights in the long term.

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Thinking Globally While Hiring Locally

JDP Team — Fri, 23 Aug 2013 06:35:57 +0000

Are you conducting international background checks as part of your pre-employement screening? As the business world becomes more global, it is becoming more and more important to conduct screening with an international frame of mind. It has become increasingly common that your applicant pool is part of this larger international community. A reputable, professional background screening company can go the extra mile for you to screen your international applicants as well as review the international exploits of local employees. Here are several scenarios where international background screenings may be essential:

1. Schooling Overseas

Candidates trained overseas can bring great global experiences to your position. An international education can bring a fresh perspective to the workplace. But if confirming school records overseas is proving difficult, you may want to turn to a professional background screening company to fully check out your employees’ records.

2. International Citizens

International employees can bring a global savviness to your company. This experience is valuable, so make sure you take the time to fully screen your potential hire to make sure your candidate is eligible for work and compliant with local work regulations.

3. Employment Overseas

Work experience overseas is highly prized as your business enters the worldwide market. Make sure you are getting the best of the best by making sure your potential hire is reporting their work experience honestly. A dishonest employee may be counting on your not checking international credentials. Don’t be fooled. Follow up on all your potential hire’s references!

4. Prolonged Travel

Travel broadens the mind! But time spent overseas can also involve arrests or other red flag behavior. An international background check can give you a whole picture.

5. Employees of International Companies

Don’t be intimidated by a foreign reference! Get the full story on your potential employee’s work history by following up. You might be pleasantly surprised.

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