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This newsletter is sent to clients of Employment Screening Resources (ESR) and employers, HR and Security professionals and law firms who have requested information from ESR on pre-employment screening, safe hiring and legal compliance. If this was sent in error, you can be removed from this list by using the "remove" feature at the end of the newsletter. (Reading time: Less than 5 minutes) Employment Screening Resources (ESR) Newsletter and Legal Update1. Survey: States Have Lost Track of Thousands of Sex Offenders Including 33,000 in California Alone 2. BusinessWeek Reviews "ResumeGate"-False Resumes at the Upper Level of Management 3. Marty Nemko Column on Pre-employment Screening (featuring ESR) 4. ESR to Speak at Upcoming Conferences/Meetings 1. Survey: States Have Lost Track of Thousands of Sex Offenders including 33,000 in California AloneThis important story is "hot off the press" from the AP wire on February 8, 2003 "In a startling new survey, a child advocacy group found that states across the country have lost track of tens of thousands of rapists, child molesters and other sex offenders who are supposed to be registered in Megan's Law databases. Prompted by an Associated Press investigation that revealed California had lost track of at least 33,000 sex offenders, Parents for Megan's Law contacted all 50 states by telephone to ask about the accuracy of their registries. It found that states on average were unable to account for 24 percent of sex offenders who were supposed to be in the databases. And 18 states, including Texas and New York, plus the District of Columbia, said they were unable to track how many sex offenders were failing to register or simply did not know." Suggestion from ESR: For employers concerned about safe hiring and due diligence, this study demonstrates the need to conduct background checks, especially for employees that have access to a population that is at risk, such as children, or those unable to care for themselves. The bottom line is that in order to exercise due diligence, employers must know who they are hiring. That includes performing reference checks to eliminate any unexplained gaps in employment and conducting criminal record checks in counties that are most relevant to an applicant's past history. Although sexual offender databases can be a valuable tool, they cannot be relied upon as a primary source of candidate information. 2. BusinessWeek Reviews "ResumeGate"-False Resumes at the Upper Level of ManagementBusinessWeek has underscored the issues involved in false credentials at the executive level with an article in February, 2003 called, "ResumeGate." The magazine asked the question if it is really so hard to write an accurate resume. It points out some executives who have not managed to do it. On the list: 1. Ram Kumar-Research Director of Institutional Shareholder Services who falsely clamed a law degree. In a story in the San Francisco Chronicle about the situation at Veritas (10/4/2002), ESR was quoted on how easy and important it is to check educational records:: "Les Rosen, an attorney and president of Employment Screening Services in Novato, said checking educational references is one of the easiest and least expensive background checks. Employers can go online, pay a fee of $12 to $15, and find out whether a person has graduated from a particular college or university. Many registrars' offices will provide the information over the phone or fax, although a release form may be required. The information can save the employer and candidate embarrassment in the long run, he said. " "It's a no-brainer for a company to verify education," Rosen said. "The problem is that many organizations don't bother to do a background check for higher-level folks. They don't do that for positions that start with a C." For more information, see a recent article in Workforce called, "Who are you really hiring," quoting ESR President Les Rosen. See: http://www.workforce.com/archive/feature/23/35/80/index.php 3. Marty Nemko on Pre-employment Screening (featuring ESR)Columnist, author and career coach Mary Nemko, author of "Cool Careers for Dummies" and host of a popular career radio show on San Francisco Public Radio, just released a column on Pre-Employment Screening in the San Francisco Chronicle. It is a humorous look at safe hiring that makes some very serious points. The article is reprinted below, and can also be viewed at: http://www.esrcheck.com/web/articles/Nemko_employment_screening.html 4. ESR to Speak at Upcoming Conferences/MeetingsESR speaks all over the US on Safe Hiring issues. For a full schedule, seehttp://www.esrcheck.com/ESR_Speaks.html Future Speaking Dates are: February 19, 2003 -- SF Bay Area.NCHRA Three hour workshop on "Crime, Criminals and Human Resources-The Role of Criminal Records and Background Screening in the Hiring Process." (Monarch Hotel, Dublin, CA) March 4, 2003 -- Los Angeles, CA. March 11, 2003 -- Washington DC. March 18, 2003 -- Sacramento, CA March 25, 2003 -- Santa Clara, CA April 27-28, 2003 -- Pre-employment Screeners Conference: Please feel free to contact ESR Customer Service at 415-898-0044, or Les Rosen, President of ESR, if you have any questions or comments about the matters in this newsletter. Les can be reached at 415-898-0044, ext. 246, or by e-mail at lsr@ESRcheck.com. Please note that ESR's statements about any legal matters are not given or intended as legal advice. Employment Screening Resources (ESR) The top rated pre-employment screening firm in the first independent national ranking of the pre-employment screening industry. Marty Nemko ColumnUnder the RADAR By Marty Nemko From the February 9, 2003 SF Chronicle If Les Rosen had his way, here's how most employers would hire: Chester the Molester is looking through the Chronicle's employment ads. He finds an ad that sounds good-assistant manager of Pooh's Corner children bookstore.. Then, however, on the bottom of the ad, he reads, "We conduct background checks." He thinks, "Whoops, better look elsewhere." But Chester figures, "Ah what the heck: they probably don't really do the background checks." So he applies, sending that resume and cover letter he so cleverly concocted. For example, "2000-2002: state-sponsored education program." Translation: Two years in San Quentin. "I mean, I did learn a lot there!," he rationalizes. His cover letter and resume make Chester sound like a cross between T. Berry Brazelton and Maria from The Sound of Music. The ruse works and Chester gets a call from Happy Chappy: they want him to come in for an interview! In his Mr. Rogers get-up, Chester saunters in, but he's in for a surprise. The receptionist says, "Before your interview, would you complete this application form, and sign at the bottom authorizing the background screening?" He replies, "Sure, no problem," but he's thinking, "Uh-oh." Chester pads into the interview, handing the application to the interviewer, Sally Savvy. Most of the questions are those standard simulations Chester is so slick at BS'ing, such as, "What would you do if a child throws a tantrum But then Sally asks, "Before offering you the position, we would do a background check. Any objection to that?" Chester's heart starts to race, but he forces himself look calm. "Not at all," he lies. Sally continues: "As part of that check, we look to see if you have a criminal record. I notice on the application form, you didn't answer the question, 'In the past seven years, have you been convicted of a crime?'" Chester responds, "Oh, I forgot. I'll answer it now." He writes, "No." His heart pounds through his chest wall. Sally is relentless: "Oh, and of course, we contact your previous employers. Is there anything negative they're likely to say about you?" Beads of sweat form above his upper lip, like Richard Nixon in the 1960 presidential debate. "Well, uh, no." Chester manages to keep his voice sounding calm but he can't control his eyes and forehead. The perceptive Sally knows he's nervous. "Oh, and one more question: Because this job will require you to handle customers' money, we will be conducting a credit check. Do you have any objections?" This is the last straw-Chester's debts greatly exceed the job's salary. Now he can't even control his voice. "Be my guest," he squeaks. The interview ends and Chester thinks, "I don't want this stupid job anyway." Sally thinks, "There's something wrong with this guy." Even if she had planned to offer him the position, she would have first done a background check using a firm such as Rosen's Employment Screening Resources, Inc., (www.esrcheck.com). That would likely have revealed Chester's criminal record and that his previous employer fired him for inappropriately touching children Rosen believes that both employees and employers gain from pre-employment background screening. Working for an employer that does that helps ensure, for example, that your co-worker doesn't commit the latest in his string of assaults and batteries on you-there is a surprising amount of violence in the workplace. It also helps ensure that your co-workers have the credentials they claim. From the employer's standpoint, background-checking the first-choice candidate costs an average of $100 and can save the employer an enormous headache. How frequently does such a screening uncover a serious problem? According to Rosen, 9-11% of the time What if you did get convicted of landscaping your backyard with rows of marijuana plants? Is your career permanently doomed? Here are some options: Check with a lawyer to see if the conviction can be expunged. If so, you needn't report it. Your probation officer may know of government programs that pay employers to hire ex-offenders. Ask everyone that likes you if they know someone who might be willing to hire you-Yes, mention your felony conviction, but stress your strengths and how much you learned from your indiscretion. (Do not ask them if they'd like to score some weed.) Someone who knows you personally is more likely than a stranger to give you a chance. If all else fails, start at the bottom. A few months of good work in an entry-level position will yield a good reference, which can start your career back upward. Dr. Marty Nemko is co-author of Cool Careers for Dummies and an Oakland career and small business counselor in private practice. His radio show is Sundays 11 am to noon on KALW, 91.7 FM. 200+ of his writings are at martynemko.com
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