As part of your risk management strategy, your organization likely conducts pre-employment background checks. But what are your screening strategies after you have made your hires? How would you know, for instance, if:
An employee's personal finances have crumbled, and that individual is now at risk to embezzle;
New evidence reveals a senior executive has blatantly falsified academic credentials;
You uncover a past criminal offense by a current employee - do you have policies to deal with the situation?
Like risk management itself, background screening must be ongoing. In this session, attorney Lester Rosen, renowned expert in employment screening, presents post-hire screening strategies, including:
How to conduct continual screening of key employees;
What to do about newly-acquired employees in a merger or acquisition;
How to proceed when you do uncover past criminal offenses or falsified credentials of current employees.
Additionally, Rosen will offer updates on the latest guidance on use of arrest and conviction records, as well as the do's and don'ts of social media in background screening.
All employers¸ as part of their risk management strategy, have an obligation to exercise a reasonable duty of care in hiring. In addition, many organizations have a legal duty to not employ individuals with certain enumerated criminal records. There are a number of steps that employers can take in the hiring process to reduce their risk when hiring.
But what about after hiring? What role does background screening play in an organization's ongoing risk management framework?
Recently, a prominent online organization made embarrassing headlines with news that its CEO had misrepresented his academic credentials on his resume. Elsewhere, a major U.S. bank fired a longtime employee after a background check revealed two 40-year-old shoplifting arrests.
Incidents such as these - and today's heightened sensitivity to the risks of the insider threat - force organizations to redefine their screening strategies as part of their risk management approach. No longer is the focus solely on pre-hire background screening. Increasingly, organizations are engaging in continual screening, to catch anomalous activity that could be a precursor to actionable behavior. And they also are embracing policies and procedures to handle damaging data when it comes to light about current or acquired employees.
Topics to be discussed in this session include:
Brief overview of the latest screening trends, including the EEOC's new guidance on the use of arrest and conviction records;
How to conduct continual screening;
What to do when you learn about past criminal offenses or falsified credentials of a current employee;
Proper screening procedures for newly-acquired employees in a merger or acquisition;
Social media - its proper role in a screening strategy.
A former deputy district attorney and criminal defense attorney, Rosen has taught criminal law and procedure at the University of California Hastings College of the Law. His jury trials have included murder, death penalty and federal cases. Rosen is a consultant, writer and frequent presenter nationwide on pre-employment screening and safe hiring issues. His speaking appearances have included numerous national and statewide conferences.