Performance Criteria for Info Brokers

Criminal Records:
Normally are returned in 72 hours.  Delays usually are caused by possible matches and there must be physical investigation done to verify the results.  This involves contacting courts involved and questioning officials there on the data provided.  The search firm cannot control the amount of time taken at the local courts to respond.  Some of these venues are understaffed due to budget restraints, etc. which adds to the delay further.

Educational institutions can be closed during holidays and vacation periods. A used requesting a degree verification over winter or spring break can surely anticipate delays.  Nothing becomes available until the...

Resume Fraud

Resume fraud is on the rise. The economic downturn in the past several years has caused desperation in those applying for jobs.   Desperate for work, job-seekers, many with problem records, are distorting their resumes flowering their past in hopes of qualifying over other applicants or being selected for a position they certainly are not qualified for.

More people aren’t telling the full truth when they’re completing a job application. This according to a Texas-based firm specializes in small-to-medium size businesses. The firm’s expertise is the $75,000 to $250,000 salary range in the areas of technology, finance and accounting.

Applicants are aware that many firms fail to or ignore going through the process of conducting a background search either because they don’t...

How Far Back Should Employers Explore References?

The extent of a reference check should normally extend back 5 years. However, in some situations hourly employees have usually held numerous jobs within that time period. Another situation is that a younger worker may not have had a job during that time period or some applicants maintained only one previous employer for that time.  As a general rule the employer should go back a minimum of five years although 7 to 10 would be a much better scope of inquiry.

Employers should guide themselves with the rule of reason, keeping in mind they should be consistent internally, insuring that all similarly situated applicants are addressed in an equal fashion.  As an example, if the employer checks back 5 years for an administrative assistant, then all candidates reaching this stage are...

FACRA: What Law Applies?

The question of which state law applies to a consumer report is a very common question.  For example, a California resident applies to work for an Illinois company to work in a location in the State of Mississippi.  Which state law applies?  This involves the area of the law known as conflict of laws.  The legal issue becomes which state has the greatest interest in governing the particular situation at hand?  Is it California, where the consumer lives; Illinois, where the home office of the employer is located or is it Mississippi, where the consumer will work? 
At the time of this writing there are no cases specifically dealing with the conflict of laws resolution in the context of the FCRA.  However, the FCRA and state analog rules are similar to employment laws, i.e....

Background Searches Advertised Online: Should you use them?

Should employers utilize Online Websites advertizing background searches on anyone, sort of the “do it yourself” background check? All it takes is to put in your credit card information and the data is released to the user.  Well, putting aside the potential privacy issues, here is one piece of advice:

Do not use these sites for hiring unless you really know what you are doing”. 

By utilizing these sites you might also trigger FACRA violations and therefore the employer should proceed with the utmost caution.  Many of these sites do not post FACRA rules and regulations. In a Safe Hiring Program, an employer should work one-on-one with a professional background screener that is fully aware and understands FACRA.  An additional problem with using...


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