Old habits are hard to break, and nowhere is this more true than in the criminal background screening industry? With many screening companies, when you ask for a criminal background you get their version of what they think “criminal background” means. You really don’t know what you are getting. You assume they did what they were supposed to do for your liability protection. After all, that is what you get a criminal background on an applicant for, right? You would be surprised. Technology has completely changed what was the criminal background check or search of only a few years ago. Any liability protection from a background check or search is a thing of the past. If an employer wants to be protected with a wall of liability protection between itself, its employees, its contractors and its customers, it must do much more than a simple old fashion background check or screen.
Even when an employer learns about what it needs to protect itself from liability for negligent hiring, there is a tendency to fall back to old habits and simply do a simple background check or search as in the old days. The reasons why? 1) The cost. It is much less expensive to perform a simple background check or search rather than a real criminal background investigation. Many times employers are just going through the motions or trying to comply to the least possible degree. Typically a background check will cost anywhere from $5.00-20.00. A background search may cost between $15.00-30.00. A real criminal background investigation will cost between $50.00-100.00, or more, depending on the level of investigation and the number of locations where the private investigators perform research. 2) “I’ve always done a background check or search; I thought that was an investigation.” If you thought so, you were wrong. A background check or search is typically performed by using information that may be out of date, inaccurate and/or incomplete. Many employers simply think, “If doing a background investigation as opposed to background criminal check or search is so important then there should be a lot of information about it.” Are you kidding? The companies that sell you the criminal background check or search data information want to do as little work as possible for the most profit possible. Do you think they’re going to give away their profit secrets? That’s like the masked magician on T.V. who gives away the secrets of the professional magician’s illusions. The mainstream magicians aren’t going to give their secrets away. That is how they make money. If you only purchase a check or search it is an illusion as well. The real magic is in the depth of the investigation.
A screening company may have little to no money invested in actually performing a criminal background check or search. They’re certainly not going to tell you that. A real criminal background investigation requires a live private investigator to actually research federal, state and county courts at their source. It requires the actual review of the disposition records once a true identity is verified regarding the applicant. Is it any wonder then why an instant internet check or an instant criminal phone check or screen is so cheap? You know in your heart that you pretty much get what you pay for. There is no magic there and the secrets are exposed. With almost zero investment anyone can start a screening company.
Knowing the truth about screening companies you should demand a real criminal background investigation. You need to do, “all that you reasonably can do,” to protect yourself from liability for criminal acts of employees, contractors, sub-contractors, independent contractors and any agent that represents your company. Just like anything else you have ever done, as technology advances, education is required to help you know what to implement and how to implement it to avoid liability for the acts of your agents.
It takes integrity and leadership to do things right. Doing things right protects you because you are trying to protect your customer and your employees. That is what a jury will see. Believe me, as a trial attorney, when you get in front of a jury and the plaintiff’s attorney explains what you could have and should have done, but did not do because you either did not know about it, or because of the cost involved, a jury is going to eat you alive. On the other hand, when a jury learns that you did everything you reasonably could have done because you chose to protect your customers and employees, the jury will be impressed with you, if your case even gets that far. Usually, when attorneys see that you did all that you could do based on the available technology and reasonableness of cost, that case is usually going to die.
Employers, it’s up to you to be on top of technology and to lead your company in a way that will protect it from law suits by protecting your customers and employees with a real criminal background investigation. Do it right the first time.
About The Author:
J. Denton (Denny) Dobbins is Nationally and Internationally recognized as the world’s leader in Premises Liability Protection and has been featured across North America sharing the stage with Political Leaders, Police Celebrities, Administrators and Business Leaders. Since 1978, Denny has been involved with the detection and deterrence of Criminal Activity in properties and employment of all types.
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