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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/.

 

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

Who Are You REALLY Hiring?

Who Are You REALLY Hiring?

How do you really know who you’re hiring? Does the interview and application allow enough face-to-face time for you to really get a good read on an applicant? Do you have enough knowledge about the applicant to make a great hiring decision?

In today’s workplace, background screening programs are a common part of the hiring process. While some companies only run criminal background checks, there is a better solution, verification and reference checks.

SELECTiON.COM® provides four different types of verifications/ checks. character reference

First, is the employment verification report which provides positions held, length of employment, salary, motivation, work habits, and other information about the applicant’s work performance.

Second, is the reference check/ character reference. A reference check gives you more personal insight into the applicant. Things such as reputation, conduct and integrity of the applicant.

Both the employment verification and reference check allow you to get to know the applicant on a more personal level. These checks provide information that allow you to make a much more educated and insightful decision.

The last two verification checks are to make sure that their resume and credentials are accurate.

The education verification documents an applicant’s start and end dates, major fields of study and degrees earned. The last is the professional license verification which includes license type, issuing authority and dates of validity.

These four additional verifications/ checks should be implemented into your background screening program.

Adding these provides insight into the behavior of the applicant along with other aspects of their work habits that you might not have discovered through a basic interview. So, next time you hire, try running these additional checks, so you really know the individual you are hiring.

The Sweetest Words I Ever Hear

The Sweetest Words I Ever Hear

INFORMATION OVERLOAD

Most of us are inundated with calls from marketers and sales people throughout the day, even if we’re not the one making the ultimate buying decision. So even though no one likes the sound of the office phone ringing incessantly, often times it’s easier to just let the call go to voicemail.

Returning that call? Well, that will just have to wait.

Unfortunately, my job is to make your phone ring. I’m not a bad person and I’m certainly not calling to complicate your day. I’m hoping to have an opportunity to connect in an effort to help save you money, time, exposure and a variety of other things that can make a positive impact on your company. 

TIMING IS EVERYTHING

In any sales career, the salesperson is always looking for the next opportunity and their success, in most cases, is a matter of timing.

It’s usually all about being in front of the right person at the right time.

It’s fairly simple to identify the decision maker(s), but how can I, the salesperson, know the right time?  This is where you come in.

During the course of these daily attempts to reach the decision makers in any company, many of these calls will invariably land in voice mail or with an administrative person who promises to convey a message because you are out, busy, or just plain unavailable.

In most cases I won’t leave a message, because I can’t expect someone to call a name and number that is unfamiliar without knowing the reason for the call. Plus, it’s my job to reach out to you and not the other way around! I’ll call back later.

When I do leave a message, it is generally very brief: who, what, why and my contact info.

Of course, I will make subsequent attempts to reach you via email or social media platforms, in addition to trying you again on the phone.

This all sounds vaguely familiar, doesn’t it?

MAKE IT STOP

So how do you handle this unceasing, intrusive pleading for your response?

The majority will ignore these attempts and hope that the caller just gives up. Unfortunately, a lot of callers, just like me, are very persistent.

In the current Business to Business marketplace, most salespeople will exhaust their call sheet. Every. Single. Day. They do this in large part because it is their job, but also because they know that they may be one call away from finding a potential client who really needs their products and services.

So, the next time your phone rings think about answering and either telling the caller to “go away” or to “call back at a better time”.

Even better, a simple “we aren’t interested” or “we won’t be looking at these services until next year”, will not only provide the caller something to work with and some timeframe to honor, but it will make your phone ring a little less often. Guaranteed!

I promise, as a professional sales person, I will honor your timeframe and your wishes. Granted, a “not interested” response is certainly not The Sweetest Words I Ever Hear, but a very close second.

Now, get on with your day. I’ve got calls to make!

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