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How to Handle E-Verify Obligations for Acquired Employees

How to Handle E-Verify Obligations for Acquired Employees

If you are utilizing the Government’s right to work program, E-Verify, you may be interested in the following.

Many organizations grow through acquisition. Expanding into a new territory or market can bring great opportunities for a growing company.

But, how do these acquisitions impact HR, particularly when it comes to participation in E-Verify?

As the HR representative for a company using E-Verify, you are aware that once you begin using the system you must run all new employees through the program within 3 days of their start.

The question then becomes, when you add employees through the acquisition of another company, how does the government expect me to handle this?

According to the E-Verify customer support team, here are your options:

  • Make all acquired employees fill out new I-9 forms and submit them through the E-Verify program, as if they were newly hired.
  • OR, accept the current I-9 forms, from the acquired company and NOT put the newly acquired employees through the E-Verify system.

If you choose the second option you must understand that you are accepting the existing I-9 forms as valid and you become responsible for any irregularities in those forms.  So, if there is an audit of employment eligibility and there are any problems with those I-9 forms you will be held responsible.

If you are contemplating this scenario it is in your best interest to review the I-9 forms before determining the direction you will take.  If you cannot perform this review your best option will likely be to have the acquired employees fill out a new I-9 forms.

SELECTiON.COM® Certified Veteran-Owned Small Business

SELECTiON.COM® Certified Veteran-Owned Small Business

SELECTiON.COM® is now officially a government certified veteran-owned small business.

While SELECTiON.COM® has always been veteran-owned, they now have the stamp of approval from the US Department of Veterans Affairs. This certifies that SELECTiON.COM® was founded by former members of the United States Armed Forces. 

In order to qualify for certification a business must not only be owned by a veteran but a veteran must be in charge of day-to-day operations.

 “Maintaining high standards and mission completion are traits that I learned serving as a First Sergeant. As a company SELECTiON.COM® has standards that are higher than anyone in our industry with a mission focus of putting the customer first in everything we do.” says John Hart, Chairman of SELECTION.COM®

SELECTiON.COM® also sponsors Team Fastrax, a professional skydiving team, committed to supporting the veteran community. The team has a roster of more than twenty-nine active members, with a collective of more than 300,000 skydives.

Team Fastrax is comprised of veterans from all branches of the Armed Forces. This year each of Team Fastrax’s 320 jumps will be dedicated to a different fallen hero.

SELECTiON.COM® is proud to support our nation’s military servicemen and women, veterans and their families.

https://www.va.gov/osdbu/

http://teamfastrax.com/

SELECTiON.COM® is a nationwide provider of criminal and pre-employment background screenings, also referred to as a Consumer Reporting Agency. Headquartered in Cincinnati, OH, SELECTiON.COM® is a veteran-owned company that has been in business since 1991 and offers more than 21 background and data collection services.

Just like on the beach, there is no SPF1000 for Summertime hiring

Just like on the beach, there is no SPF1000 for Summertime hiring

In the background check business, just like protecting against the Summer sun, there’s no sunscreen with a high enough SPF to completely protect against the potential perils of hiring teenagers.

And with Summer hiring season beginning to heat up, more businesses are asking about the process, and even the validity, of conducting a background check or drug screening on a minor.

Unfortunately, the answers to such questions can be a bit complicated.

As is usually the case, it is always a good idea to start with the basics in an effort to develop a best practice for your company. At SELECTiON.COM® we ALWAYS recommend that you consult legal counsel before creating any policy. That is especially true when said policy relates to age, gender, race, etc.

By definition, as of 1995 most states classify a minor as someone under the age of 18. Although legally, as it relates to alcohol or gambling, people under the age of 21 may also be referred to as minors.

However, in terms of criminal responsibility, not all minors are considered juveniles and as you might imagine those laws vary widely by state.

Typically, someone considered a juvenile is usually tried in juvenile court. For some crimes, especially those of a more violent variety, the age at which a minor may be tried as an adult is relatively undefined when the accused is below the age of 18. For example, in Kentucky, the lowest age a juvenile may be tried as an adult, no matter how egregious the crime, is 14.

What does all of that mean to you when you’re just trying to hire a couple teenagers for Summer employment?  

Well to put it into perspective, an estimated 250,000 youth are tried, sentenced, or incarcerated as adults every year across the United States. That’s well less than 1% of the total population.

When you consider that most offenses committed by minors, tried and charged in juvenile court, are not going to be reported by a criminal court in the first place you realize that running a criminal background check on a teenage applicant is probably not going to return much. For example, the majority of criminal records for minors are sealed, making them unattainable. Unless, of course, they are in that .078% of the population tried and convicted as an adult.

It is important to remember that the Equal Employment Opportunity Commission (EEOC) mandates that the process for all applicants must be consistent and two applicants applying for the same job should have the same searches and investigations run on them. If you routinely hire staff above the age of 18 for a specific job (and title) with certain background checks being required, the EEOC requires the same process to be followed when the applicant is under the age of 18.

Always make sure you keep your process uniform to avoid charges of discrimination.

Questions also arise when asking an underage applicant to sign the background check consent form.

Third-party background checks for minors fall under the Fair Credit Reporting Act (FCRA), just as they would for any other applicant or employee, making it very important that all employers fully understand consent specifically as it relates to a minor.

Legally, minors lack the capacity to make a contract. Yes, a minor can legally enter into a contract, but they also legally have the right to either honor the deal or void it altogether. Unfortunately, the employer doesn’t have the same latitude.

The Society for Human Resource Management suggests that employers wishing to run pre-employment screenings on minors, and be protected during the process, should require parental or legal guardian consent. In cases when the minor is unable to provide parental consent, employers should consult with their attorney for a recommended practice.

Even when parental consent is obtained, however, not all records an employer usually requests will be available on minors. Criminal records, as mentioned above, and credit – given that most individuals under the age of 18 have limited access to establishing credit – are least likely to be obtainable. Past employment and educational records should be available. In most instances, personal references can also be obtained.

Therefore, when using pre-employment screening information in the hiring of minors, your company may need to adjust its policies and practices in terms of what information is available to use.

As always, SELECTiON.COM® strongly recommends that our clients seek legal counsel to draft a screening policy that best protects the employer when hiring any applicant, not just minors.

 

 

SOURCES:

Gaines, Larry K and Roger Leroy Miller. “Criminal Justice in Action” 4th ed., Thompson Wadsworth Publishing, 2007. Pg 495

Campaign for Youth Justice, Key Facts: Youth in the Justice System. Washington, D.C.: Campaign for Youth Justice, 2007. Web. May 2011. Citing Woolard, J. “Juveniles within Adult Correctional Settings: Legal Pathways and Developmental Considerations.” International Journal of Forensic Mental Health 4.1 (2005)

Equal Employment Opportunity Commission. http://www.eeoc.gov/.

The Society for Human Resource Management. http://www.shrm.org/.

 

Hiring During Your Busy Season

Hiring During Your Busy Season

Spring has sprung, which means hiring season is ramping up.

Businesses across the country are preparing for summer and their busy season. They are stocking up on things like employees, merchandise and inventory.

While getting ready for business to ramp up, you should also consider how you are hiring your staff. Small businesses often hire family and friends thinking they are reliable and trustworthy. While they are in most cases, all it takes is one bad apple to leave a bad taste in your company’s mouth.

What if you hire a family friend just for the summer? He comes from a great family and is a good kid. What could go wrong, right? What if he had a DUI just weeks before you hired him. Would you still like him to drive company vehicles?

Listed below are some recommended background checks: 

– National Criminal Database Search

– County Criminal History Report

– Sex Offender Registry

– SSN Trace/ Validation

– Employment Credit Report

– Workers’ Compensation Report

Consider running a background check on new hires. As much as you might think you know about them, it’s still important. Running a criminal background check along with employment verifications will tell you the things you must know when hiring

. Criminal and financial records can be indicators for future behavior. If someone has a long history of workers’ compensation and have filed for bankruptcy, they are more likely to steal from the company or fake an injury.

Here at SELECTION.COM we can work with you to make your busy season run smoothly. Allow us to help you make your background check process go seamlessly.

Why Character References Are Important:

Why Character References Are Important:

Background checks are an essential part of any hiring process. And while most companies think that criminal history along with education and employment verifications are enough— there is another way to find out more about a potential employee.

Character references can be supplemental and used to verify more information about previous work experience. 

SAMPLE QUESTIONS:

  1. If provided the opportunity would you hire him/her again? Why or why not?
  2. What can you tell me about his/her personality?
  3. What can you tell me about his/her work ethic?
  4. How reliable is he/she?
  5. What can you tell me about his/her ability to get along with his/her peers and supervisors?

Character references allow you to get more in-depth information about a candidate. Just verifying that a candidate worked at a certain company in the past isn’t always enough. References give you more information than basic dates of employment.

Character references allow you to receive more information such as time and attendance by talking with direct supervisors. Since the questions are more in-depth, we can get a better sense of work ethic and personality.

For example, if you are hiring for a position that requires very strict attendance policies, you need to know if the candidate has had attendance issues in the past.

Character references give insight into a candidate’s personality. While most questions are very standard, talking to a direct supervisor who knew the candidate personally gives you more accurate information.

SELECTiON.COM® goes above and beyond standard background checks. Our education and employment verification packages can be customized to fit your every need.

We want our clients to KNOW they are getting the most information about a potential candidate as possible.

 

By: Jordan Henges – SELECTiON.COM® Social Media Manager

Team Fastrax™ Supports Halo For Freedom

Team Fastrax™ Supports Halo For Freedom

Team Fastrax™ participates in the 2017 Weekend to Remember

This past week Team Fastrax™ [Sponsored by SELECTION.COM] flew to Mineral Wells, Texas to be a part of the 2017 Halo for Freedom Weekend to Remember. The Weekend to Remember consists of multiple events and activities aimed at providing fun and support for wounded warriors. This year’s weekend consisted of many events, including a NASCAR experience, gun shooting, tandem skydives and a gala. 

“The HALO for Freedom Warrior Foundation® is a 501(c)(3) Non-Profit Organization dedicated to Our Wounded Warriors.  Our mission is to provide support for Wounded Warriors as they face the many challenges encountered during their rehabilitation, reintegration and healing process.”

Team Fastrax™ honored these amazing heroes by sponsoring free tandem skydives for all of the 2017 warriors and honored guests.  Team Fastrax™ has a long history with the United States Military and are honored to be a part of such an event. With many Team Fastrax™ team members being military veterans themselves, this is an event that hits close to home.

Team Fastrax™ is happy to support and participate in such an amazing event for the Halo for Freedom Warrior Foundation. Team Fastrax™ holds its very own Warrior Weekend to Remember every year in Southwest Ohio. This year the 2017 Team Fastrax™ Warrior Weekend to Remember will be held on July 20th-23rd. The team is happy to be a part of the wounded veteran and military community and will continue their strong support.

https://haloforfreedom.org/

http://teamfastrax.com/

http://warriorwtr.com/

Team Fastrax™ is sponsored by SELECTiON.COM®, a leading provider of criminal background checks and pre-employment screening services. They are the most ambitious professional skydiving team in the world. The team has a roster of more than twenty-nine active members, with a collective of more than 300,000 skydives. Team Fastrax has performed exhibition skydives all over the world for audiences large and small as a patriotic display or as a product promotion.