Last year a disgruntled employee at a Kansas City food plant opened fire on his co-workers, killing five employees before taking his own life. Sadly, more than two million workplace assaults are reported each year. With this, we see an increase in the number of lawsuits filed against companies for negligent hiring. Every day, companies fail to perform background checks and hire people with criminal records, false resumés, and other serious liabilities. These employees often take violent measures that lead to expensive negligent hiring lawsuits.
In 2002, the FDA asked food producers, processors, transporters, and retailers to consider conducting pre-hiring background checks. With the increase of food security incidents, this recommendation is strongly encouraged, but not yet enforced. If you calculate everything that is in jeopardy – the people, the product, and the plant – you quickly realize how important pre-employment screening can be to your facility.
VERIFICATION. Many employers may be surprised to learn that an estimated 40% of employee resumés contain false information. For this reason, it is important that employers verify references, past employment, addresses and phone numbers, and criminal reports. A background check costs less than the cost of a new employee on his or her first day. In fact, the average cost of a background check ranges from $40 to $80. So, when comparing the liability cost of negligent hiring to the minimal cost associated with background checks, anyone can see that pre-employment screening is practically a necessity in today’s food environment.
All employees should be screened, especially anyone with access to confidential or sensitive information. In addition, appropriate measures should be taken to make sure contractors, vendors, truck drivers, and temporary workers have been screened. It may be beneficial to require all contracted companies to perform a background check on any employee they send to your plant. By adding this clause to the company contract, the food plant can protect itself if litigation occurs. For example, ABC Food Company uses the laundry services of Uniform Extreme (UE) to deliver clean uniforms on a daily basis. This requires that a UE employee enters the employee locker rooms to collect dirty uniforms. ABC has a contract stating that UE will perform background checks on any employees prior to entering ABC’s facility. This projects legal responsibility on Uniform Extreme for the actions of its employees.
Before completing any type of pre-hiring screening, you need to inform the applicant that a background check will occur and obtain his or her documented permission. It is no longer permissible to bury the disclosure in fine print. The Federal Fair Credit Reporting Act requires that a signed release, separate from the application, must be on file before beginning a background check. It is also recommended to include a statement on your company’s employment application confirming the information provided is accurate, and that untrue or omitted information is reason for ineligibility.
The Americans with Disabilities Act prohibits employers from collecting non job-related information from previous employers or other sources. Only information pertaining to the applicant’s work performance, attendance record, education, and other issues that can impact the workplace may be obtained. A company can perform criminal records checks according to Title VII of the Civil Rights Act of 1964, but this information cannot be used to deny employment unless it is due to job-related issues.
Because of the confusion caused by legal limitations, some employers choose not to screen applicants. However, this can cause serious problems after employment begins. Traffic offenses, blackmail, and criminal acts reflect poorly on the employee as well as the employer.
EMPLOYEE SCREENING. There are also benefits to pre-employment screening. Applicants with something to hide will be discouraged from applying if they know in advance that a background check will occur. They are also more apt to provide truthful information during interviews. Screening also provides legal protection, or due diligence, for the employer. Remember, companies that cannot prove due diligence may be held liable for the careless or destructive actions of its employees.
Verifying past employment is one of the most important tools for an employer. In some situations, past employers are reluctant to provide information other than start and end dates, attendance records, and salary information. Because of legal issues, some companies will not provide information such as the quality of work performed, the reason the applicant left their facility, or the attitude he or she displayed. If a past employer is unwilling to disclose information about the application, make sure you at least verify dates of employment and job titles. The important thing to look for is consistency, which will help you determine if the information provided is accurate.
Information that should always be verified is the applicant’s name, address, phone number, age, and Social Security Number (SSN). Employers can verify SSN for free by calling the Social Security Administration office at 800-772-6270. The applicant’s first and last name, middle initial, date of birth, sex, and SSN will be required to complete the trace. The trace will alert you if the number is invalid, is owned by another person, or is linked to fraudulent activity.
Many food plants in the United States employ non-native citizens. In fact, a growing number of Hispanic workers are found in food facilities throughout the United States. All companies are required to complete an I-9 Form to verify that its employees may legally work in the United States. To comply with Immigration and Naturalization Services policies, employers may only accept original documents as identified on the I-9 Form. If the documents appear to be authentic, you must accept them. If they do not appear to be authentic, you may contact the INS Office for assistance.
BACKGROUND CHECKS. Just because an applicant doesn’t report a criminal violation, does not prove that he or she has a spotless record. The employment application used at your company should ask if the applicant has a criminal record. Applicants may or may not release specific information. You must obtain a signed release before checking criminal records. Human resources experts agree that it is very important to check criminal records at the state and county levels. The SSN trace provides the applicant’s past three addresses, which help in determining which counties to search. It is not adequate to simply search state criminal records, because they do not contain complete information. Although a criminal conviction is not grounds to deny employment, an employer may consider the severity of the offense as related to the nature of the job in order to determine if there is a sound business reason to deny employment.
When checking criminal records, it is important to look for traffic offenses. There are many truck drivers employed at food plants, food warehouses, and transportation companies. It is imperative that you know who is transporting your product. Make sure you hire safe, responsible drivers. Remember, you are responsible for his or her actions on the road.
Food companies may use their own human resources department to conduct background checks, or they may hire a professional screening firm. Regardless, the employer is responsible for meeting all legal requirements included in the Federal Fair Credit Reporting Act. Remember, notify your applicants that a background check will occur and obtain their written permission before the check begins. If you deny employment based on information gathered, provide the applicant with a copy of the report and give them an opportunity to disprove the information. Applicants have 30 days to inform you of falsified information.
Do not be intimidated by the legal requirements associated with pre-employment screening. Protect your company and your employees. Know who is working in your plant. AIB
The author is Publication Coordinator, AIB.