October 2018 Message from the Editor: Welcome to another edition of ‘Inside Background Screening’ our new newsletter. Our goal is to bring to you cutting edge news and information about what is happening in the background screening…
Blog & Events
Maine House Overrides Governors’ Veto to Make Marijuana Law More Employer Friendly On May 2, 2018, the Maine House and Senate voted overwhelmingly to override Governor Paul LePage’s veto and passed LD 1719, which establishes rules for licensing and regulating…
Guns in the Workplace: A Pressing Problem for American Companies The National Threat Assessment Center reported that between January and December 2017 incidents of mass attacks, during which three or more persons were harmed, were carried out in public places…
I.C.E. to Significantly Increase Worksite Investigations Not many employers read the “tea leaves” and foresaw what was coming when President Trump signed Executive Order 13788, entitled “Buy American and Hire American,” a broad directive which calls for the rigorous enforcement…
WHICH SERVICES DOES NATIONWIDE PROVIDE?
- Education Verification
- Employment History
- Professional Credentials Verification
- Federal Criminal Court Records
- Nationwide Sex Offender Check
- Patriot Act Search
- State Criminal Court Records
- Bank Sanctions/Financial Check
- Bankruptcies, Liens and Judgments
- Credit Report
- Adverse Action Notification
- Assessment Testing
- Civil Court History
- Commercial Driver’s License
- Driving Records
- Drug Testing
- Eviction Database
- Healthcare Sanctions Check
- Landlord Validation
- Social Security Number Validation
- Company Search
- Employees’ Search
- Principals’ Search
HOW DO I ENSURE THAT I AM LEGALLY COMPLIANT?
We work with you to make sure that your background check process is in compliance with federal, state and local law. We are available to answer questions and we offer sample forms for your use. We do not offer legal advice, however, and recommend that you seek the advice of counsel to review your screening procedures.
HOW LONG DOES IT TAKE TO COMPLETE A BACKGROUND REPORT?
The first time you order a report, there will be a [brief] delay while we verify your business, in compliance with FCRA. After that, delivery time will depend upon which services you select.
Every time you make an order, we will provide you with an estimate of how long it will take to complete it. [It generally takes between 1-5 days to complete your request.] [When you log into your account, you will see each of the individual results, as they become available.]
WHICH TYPES OF BACKGROUND CHECKS PROVIDE THE BEST RESULTS?
Choosing the right background checks for your organization depends on a variety of factors. You will need to consider your industry, your budget and your timeframe. Most of our clients, will require at least a criminal background check. Depending on the circumstance, you may also want to consider services such as drug testing and address history.
DO I NEED AN EMPLOYEE'S CONSENT TO RUN A BACKGROUND CHECK?*
Yes. The Fair Credit Reporting Act (FCRA) mandates that employers get written authorization from an employee (or job applicant) before they can run a background check.
This consent allows you to formally certify that you have done the following:
- Informed employees (or candidates) about the screening process.
- Notified employees (or candidates) what their legal rights are, if there is an adverse action
- Ensured employee privacy and prevented discrimination
*California law: Please note that employers in California must obtain employee or candidate consent each time they run a background check.
WHAT INFORMATION IS NECESSARY TO RUN A BACKGROUND CHECK ON A CANDIDATE?
We will need the candidate’s legal name, current address, date of birth, Social Security number and email address. If we need more information, we will contact you.
WHAT IF I DON'T HAVE SOME OF THE NECESSARY INFORMATION ABOUT A CANDIDATE?
We can only run a background after we have received all of the required information. Our solutions integrate with HRIS and ATS systems, so you can choose for candidates to provide information themselves during the application process.
WILL YOU EXPLAIN THE ADVERSE ACTION PROCESS?
If, based on the information from the background report, your company decides to take adverse action with regard to the employee or candidate, you must give them notice. This notice can be verbal or written. The notice informs them of their rights to access the information that is being reported about them, and their right to correct information that is inaccurate. This notice must include the following:
- Name, phone number and address of the consumer reporting company that provided the report
- A statement that the company that provided this report, was not responsible for the adverse action decision, and, that company cannot provide the reasons why that adverse action was taken
- Explanation of the person’s right to dispute any inaccurate or incomplete information provided by the consumer reporting agency, and their right to a free report from that agency within 60 days.
We can provide the information above to our clients who wish to take an adverse action. You also may want to use our Pre-Adverse Action and Adverse Action forms. You may also want to get legal advice to assist you with creating an adverse action policy.
WHAT IF I WANT TO DISPUTE INFORMATION ON A BACKGROUND REPORT?
You have the right to file a dispute form with Nationwide if you believe that your report contains incomplete or inaccurate information. When you complete the form, please be as specific as possible regarding what information you think is inaccurate.
You may also include any documentation, such as proof of employment, court judgments, etc., that you think will be helpful. We will investigate the results (at no charge) and we will make any necessary changes within 30 days of receiving the form. Download our dispute form and fax it to us at 877-696-5700 or mail it to us at 600 BroadHollow Rd. Melville NY 11747.
HOW DO I GO ABOUT ORDERING A BACKGROUND SEARCH?
Once the necessary initial paperwork establishing your account has been completed, we will setup a password-protected, online access account. You will then be able to place orders directly, 24 hours per day, 7 days per week, from anywhere in the world via the Internet. We will provide you with a comprehensive training course on how the system works, as well as an overview of all the different searches and options available to you.
HOW LONG DOES IT TAKE TO GET A REPORT BACK?
In most cases, results are returned within 24 to 48 hours. For certain international services, results may be delayed due to local county requirements. In those cases, customer service will notify you, explain the reason for the delay, and inform you of the expected delivery date.
WHICH SERVICES SHOULD I ORDER?
This is entirely up to you and depends on your perceived needs. Every company is different, and no one package of services is right for everyone. If you are unsure which options will best address your requirements, please consult our sales team. They will be happy to listen to your needs, discuss the options available, and create the program that is right for your company.
HOW DO I KNOW THE INFORMATION YOU ARE PROVIDING IS ACCURATE?
All of our results are reviewed internally before being delivered to our clients. We follow a strict protocol that ensures accuracy before reporting any potential adverse information. This is entirely up to you and depends on your perceived needs. Every company is different, and no one package of services is right for everyone. If you are unsure which options will best address your requirements, please consult our sales team. They will be happy to listen to your needs, discuss the options available, and create the program that is right for your company.
IS THERE ANYTHING I NEED TO HAVE AN APPLICANT COMPLETE OR SIGN BEFORE WE ORDER A BACKGROUND CHECK?
A signed release is always needed before you can conduct a background check. Please consult our Resources page for sample releases such as our Candidate Consent Form or Business Partner Consent Form for you to use as guide in creating one for your company. Be certain to have your legal counsel review and approve this document before putting it into use.
TERMS SUCH AS ''CONSUMER REPORT'' AND ``FAIR CREDIT REPORTING ACT APPEAR IN THE ACCOUNT SETUP PAPERWORK – WHAT DO THEY MEAN?
NSS is a consumer reporting agency, as defined by federal law under the Fair Credit Reporting Act (FCRA). Under FCRA terminology, any information we provide to our clients for pre-employment screening purposes is generically referred to as a consumer report, regardless of the actual screening services performed. Pre-employment credit reports are only provided if specifically requested by a client.