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Background Screening and Investigations: Managing Hiring Risk from the HR and Security Perspectives

-  Background Screening and Investigations is a vital resource to properly conduct a background screening or an investigation. 

Background Checks

- An amendment introduced by Sen. Carl Levin (D-MI) to improve oversight of the FBI National Name Check Program was included in the 2007 appropriations bill for the Department of Homeland Security, which was signed into law (P.L. 110-161). The law is designed to make the program, under which the government conducts background checks on its employees and on anyone applying for immigration benefits, more efficient.

Elsewhere in the Courts: Wrongful Termination

- A company is not liable for firing an employee who filed a workplace injury claim in the midst of an internal investigation. The investigation proved that the employee had embezzled money so he was fired. The employee sued claiming that he was fired for making a workers’ compensation claim. The court ruled that even if the employee’s injury claim was valid, the company had a legitimate reason for the termination and was not liable for wrongful termination.

Elsewhere in the Courts: Background Screening

- A federal appeals court has upheld the conviction of an employee who lied on his background screening form when applying for a job with the Transportation Security Administration (TSA). The court found that the employee broke the law when he failed to disclose that he had collected workers’ compensation payments for a back injury sustained while working for a previous employer. Because of the disability claim, the employee was supposedly barred from lifting heavy items or standing for long periods of time, both requirements of the TSA job for which he applied.

Background Screening

- While nearly all companies perform a background check on new hires, only 12 percent screen existing employees. Read the full HireRight survey online.

Employment

- A California appeals court has ruled that an employer was not negligent for hiring an employee with a sealed juvenile record and cannot be held liable for the actions of that employee, who beat a customer with a lead pipe.

Disgruntled Computer Engineer Locks San Francisco Officials Out of Computer Network

- The alleged culprit is in jail on $5 million bail but will not divulge the pass codes necessary for administrators to regain control of the city's computer network.

Can Error-Prone Staff Be Spotted?

- Russian researchers and U.S. scientists have collaborated on a study to test nuclear workers' readiness for work.

Dealing with Problem Employees

- How to turn a problem employee into a productive, valuable worker.

Elswhere in the Courts: Whistleblowers

- A federal appeals court ruled that an employer, Stewart Enterprises, did not retaliate against three employees when it laid them off during a reduction in force. The employees filed a complaint with the U.S. Department of labor arguing that they were let go because they complained about faulty accounting and computer procedures and that the terminations were a violation of the whistleblower provisions of Sarbanes-Oxley. The court found that while the relevant procedures were not stellar business practices, they were not illegal and, therefore, not covered by Sarbanes-Oxley.

Elsewhere in the Courts: Workers' Compensation

- A North Carolina appeals court has ruled that an employee who lied about his physical ability during a job interview may not collect workers’ compensation. The plaintiff, who applied for a job that was physically strenuous, claimed that he had never had a back problem and had never filed for workers’ compensation. However, the plaintiff had a history of back problems, had filed two workers’ compensation claims, and had been deemed by doctors to be unfit to perform heavy-duty work.

Background Screening

- A plaintiff need not present an expert witness to prove that a company’s background screening program is unreasonable.

IT Jobs

- Need a career? By 2012, Frost & Sullivan estimates the number of information security positions will increase by 10 percent.
 




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