Employment decisions refer to any employer actions that determine, influence, or change the terms, conditions, or outcomes of employment. This includes decisions about recruitment, hiring, promotion, reassigning, evaluating performance, disciplining, terminating, setting wages, or assigning work hours. These decisions are legally significant because they must comply with federal and state employment laws, including anti‑discrimination rules enforced by the EEOC.

What are “specialty consumer reports?”

“Specialty consumer reports” are compiled by specialty consumer agencies for targeted users such as insurance companies, employers, and landlords. The agencies collect information from a variety of sources and may include civil and criminal records, credit history, bankruptcy filings, driving records, business relationship information with banks or insurance companies, and even medical information.

Most consumers are unaware of the existence of a “specialty consumer report” unless they have been denied a job, insurance, or housing rental. The Fair Credit Reporting Act (FCRA) imposes certain obligations on the specialty reporting agencies, the users of such reports, and those that furnish information for the reports. (See  http://www.ftc.gov/bcp/edu/pubs/business/credit/bus33.shtm for more information.) When adverse action is taken based on the information in the report, the FCRA mandates that users of specialty consumer reports provide to the subject an “adverse action notice” along with a free copy of the report. The subject also has the right to dispute inaccurate information.

The Fallacy of a National Criminal Database

 

Scherzer International is occasionally asked about the availability of a non-law enforcement “national criminal database” as some of our competition offers this service. The fact is that no such database exists.

The FBI maintains the only comprehensive national criminal database and access to it is restricted to law enforcement agency use. The information offered by private vendors as a “national criminal database” is incomplete, unverified and unreliable for any purpose other than as a supplemental tool.  The reason that these databases are of such little value lies in the fact that there is no central criminal record database for the United States other than the FBI. Even the FBI records are not totally accurate as they are based on fingerprint data which is not always submitted in a consistent or usable manner.

There are also wide variations in the reporting standards and requirements of individual states as well as local jurisdictions within the states. Thus, although a “hit” may appear in this type of database, it should only be used as an indicator that there may be a criminal record. Further research must be conducted to verify this information. Similarly, if there is no “hit” in a national criminal database, this does not mean that the subject has a clean criminal record as the FBI estimates that less than half of all state criminal records make it into any national database. Based on the variation in record accuracy and reporting it is clear that a “nohit” result in a “national criminal database” is of virtually no value. As a reminder, the Fair Credit Reporting Act (FCRA) requires that Pre-employment investigators always follow all “reasonable procedures to assure maximum possible accuracy” of information we present to the client. (FCRA 607b) FCRA Section 613 (a) (2) also requires “that the information is complete and up to date.” Pre-employment investigators should keep these requirements in mind whenever a Consumer Report is prepared. The requirements of the FCRA do not apply to the Business Background or

Prospective Client Investigations. The Fallacy of a National Criminal Database

One of the largest employment tax-fraud cases in IRS history

 

Our investigation, which included manual civil and criminal record searches and searches of media sources, revealed that the subject company and four of its subsidiaries are under federal indictment for conspiracy and wire fraud as part of a multimillion dollar tax fraud scheme orchestrated by the companies’ founder. This individual recently was sentenced to over 20 years in prison and ordered to pay restitution of $180 million to the Internal Revenue Service after pleading guilty to five felonies including failure to collect and pay payroll taxes and obstructing a federal investigation. It is reportedly one of the largest employment tax-fraud cases in IRS history. Before the sentencing, the individual attempted to justify his actions by claiming insanity.

The subject company and its subsidiaries also were defendants in dozens of lawsuits for fraud and breach of contract with damage claims totaling over $220 million, in addition to filing for Chapter 11 bankruptcy. Several motions had been filed to dismiss the bankruptcy proceedings, one of which was made by the company’s former accountants who were sued for professional negligence. In court papers, the accountants asked that the case be dismissed or converted to a Chapter 7 because “the only reason the debtor filed the petition was in an effort to help (the founder’s) criminal case.” The motion to dismiss also argued that the company has no chance to successfully reorganize because it is a “sham company used only for illegal activities,” has no remaining employees and no income.

New SHRM Reports Highlight Trends in Employee Benefits, Job Satisfaction, and Job Hunting in 2009

 

NEW ORLEANS, June 29 /PRNewswire-USNewswire/ — The Society for Human Resource Management (SHRM) yesterday released new data that details employees’ thoughts on job risk in the current economy, overall job satisfaction, and recent trends in employee benefits.

http://news.prnewswire.com/ViewContent.aspx?ACCT=109&STORY=/www/story/06-29-2009/0005051865&EDATE=

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