Wednesday, November 20, 2013

Alias Names: How They Affect a Background Check

The most common misconception, when running a background check, is that criminal history information is stored under an individual’s social security number. The reality is criminal history information is stored by name and date of birth. To protect consumer privacy, data called Personally Identifiable Information (PII) such as social security numbers, I.D. numbers, and driver’s license numbers are not included in public records and will severely impact what is uncovered when criminal research is conducted. 

One of the most common ways for criminal records to “slip through the cracks” is through the use of a maiden name, additional name, and/or an alias. Name changes throughout one’s lifetime, multiple marriages, or intentional misrepresentation of one’s name may suppress criminal records. Add the complexities of hyphenated names, suffixes, apostrophes, and human errors while entering data, and it’s easy to see that there may be numerous variations of a single name that might require additional research.

From the Blooper Book

Whether it’s some over-enthusiastic references or confused candidates, Aurico has a steady supply of moments to make you chuckle.  Here are a few recent items:

Strangely, not a felony

From a job application:
Job Title & Duties: Cashier, sweep, mop, stalk shelves

A good change… a good change…

Expanded Opiates

Did you know most standard drug tests do not include tests for hydrocodone (Vicodin), hydromorphone, oxycodone or oxymorphone? Although prescription drug abuse is viewed by many as an epidemic, more people still die from prescription drug overdoses than in auto accidents. Most standard drug tests do not detect these drugs; however, they can be included via an “expanded opiates panel”. Many believe the DOT drug test, or a DOT look-a-like test, will include these drugs, but they are wrong.

The Substance Abuse and Mental Health Services Administration (SAMHSA) announced in February of 2012 that it has accepted the recommendations of its technical advisory committee, the Drug Testing Advisory Board (DTAB), and will proceed with revisions to the Department of Health and Human Services (DHHS) Mandatory Guidelines for Federal Workplace Drug Testing Programs. The recommendations include expanding the drug testing panel to include additional Schedule II prescription medications (e.g. hydrocodone, hydromorphone, oxycodone and oxymorphone), which are prescription painkiller opioid drugs. To date, this revision has not occurred.

International Background Screening

Aurico Hosts an International Webinar:  International Background Checks in the Global Work Place, presented by Brian S. Arbetter, ESQ. Sheppard, Mullin, Richter & Hampton, LLP

Aurico hosted an international webinar on best practices for international screening and the following five items are key areas clients should focus on when considering international screening:
  • Beware of a one size fits all solution-Each country has their own specific laws, culture and searches that are legally available.
  • Know the nature and purpose of the screening-what is available, what is the risk factor.
  • Obtain an appropriate consent before screening-there may be special forms based on the countries privacy and data protection laws.
  • Engage a competent service provider to work with your legal counsel.
  • Respect the integrity of local culture and law.

Employee Using Prescription Medications Could Not Refuse Drug Test Under Theory That Employer "Knew" He Would Refuse

Why is it important to have a drug test policy for pre-employment and employment drug tests?  This case is an example of why a drug testing policy that clearly defines the employers policy to test both pre-employment and employees.  If the employer did not have a clear policy, the employer may have been liable to an existing employee for testing.  We recommend that our clients have clearly drafted drug test policies and that national employers consider state regulations in their policies.

USCIS Updates E-Verify User Manual for Employers and Enhancements to the Program

The new manual provides guidance on E-Verify processes and outlines the rules and responsibilities for employers enrolled in E-Verify. All users must follow the guidelines set forth in the 'E-Verify Memorandum of Understanding for Employers (MOU)' and the rules and responsibilities outlined in the manual.

On November 18, 2013 Alejandro Mayorkas, Director of U.S. Citizenship and Immigration Services (USCIS), announced an enhancement to the E-Verify program that will help combat identity fraud.  The enhancement will identify and deter fraudulent use of Social Security numbers (SSNs) for employment eligibility verification.  As stated in the press release, “This enhancement provides a critical safeguard to the E-Verify system by detecting and preventing potential fraudulent use of SSNs to gain work authorization.”  Employers may be entering information into E-Verify that appears valid, such as a matching date of birth, name and SSN, but was in fact stolen, borrowed or purchased from another individual.  This new safeguard enables USCIS to lock a SSN that appears to have been misused by an individual, protecting it from further potential misuse in E-Verify.

Wednesday, November 13, 2013

Aurico Wins Inc. Hire Power Award

Aurico has been recognized in the 2nd annual Inc. Hire Power Awards for generating 37 jobs from January 2012 to June 2013.  Aurico shares the honor with 437 private businesses who lead the way in creating more American jobs.  The Hire Power Awards are are the only awards that single out job creators.  Aurico places 19th in the State of Illinois among top private business job creators on the list.