One of the best ways to forestall workplace
violence or other incidents involving bad apples on the job is to
make sure you're hiring the right type of people in the first place.
Where to start? Pre-employment screening is a natural first step.
These investigations can help you to identify prospective employees
who demonstrate honesty, a strong work ethic, emotional maturity,
a sense of personal accountability, and respect for the rights and
property of others.
Moreover, they can help the employer identify those employers who
might endanger others.
The types of problems that an employer may uncover in a pre-employment
investigation include: criminal records for violent crime; history
of abuse toward women, family members or animals; fighting at previous
jobs; violent arguments with superiors or co-workers; history of
disciplinary problems in previous employment; less than honorable
discharge from the armed service; abusive or disruptive behaviors
toward law enforcement or authority figures; or discipline problems
in school records.
Useful steps to follow
To minimize the risk of hiring a potentially dangerous employee,
the employer should take the following steps:
Carefully review application forms. Advise all applicants on the
application form that omissions, falsifications and misrepresentations
are grounds for not hiring the applicant or discharging the applicant.
Red flags that may appear in job applications include: unexplained
gaps in employment record; confusing or unclear job histories; extensive
use of personal references when substantial employment history exists;
inability to provide references that can verify employment; and
unexplained reasons for moving long distances or out-of-state. Also
be on the lookout for degrees from unknown or defunct colleges,
universities, or other education programs, and inconsistency between
the job sought and the person's educational record. A declining
salary history can indicate an applicant's inability to handle responsibility,
or that the applicant suffers from a condition such as substance
abuse that results in diminishing productivity.
One caveat: be certain the employment application is drafted within
the scope of federal and state anti-discrimination and fair employment
laws.
Use the interview to gain an opinion of how the employee will interact
on the job. Ask the applicant questions that will give you an understanding
of how the applicant's thought process works, and if the applicant
is prone to violent behavior. Questions that you might consider
asking the applicant may include:
- How do you deal with difficult people?
- How did you feel about your managers
or supervisors where you previously worked?
- What kinds of situations or circumstances
frustrate or anger you?
- What do you do when you disagree with
another person?
What NOT to ask
Make sure that all questions related to the job that the applicant
has applied for. Do not ask impermissible questions about age, religion,
or marital status. In fact the following questions, both during
interviews and on employment applications, are impermissible under
the Americans with Disabilities Act:
- Have you ever been treated for any of
the following diseases?
- Please tell me any conditions or diseases
that you have been treated for in the last five years.
- Have you ever been hospitalized?
- Have you ever been treated by a psychologist
or psychiatrist?
- Have you ever had a mental illness?
- Is there any health-related reason that
might prevent you from performing the job?
- Do you have physical limitations or restrictions?
- Are you taking prescription drugs?
- Have you ever been treated for alcoholism
or drug addiction?
- Have you ever filed a workers' compensation
claim?
- How many days of work did you miss last
year due to illness?
Obtain applicant's permission to contact
references and past employers, and to perform other necessary background
checks. Be certain to have the applicant sign a release allowing
you to perform these investigations. The actual job application
can contain such a release, but you may wish to have the applicant
sign a separate release as well. For example, the application can
say: "The information that you provide on this application will
be verified, which will include contacting your references and former
employers. Also, you will be asked to sign a separate release that
allows us to obtain the above information."
Some potentially violent applicants may be deterred from applying
for the job if they know that you will be investigating their backgrounds.
Investigate any gaps in employment. Ask the applicant about the
gaps, and check criminal records, if doing so is legal in your state.
Contact references. Require applicants to list references who are
not relatives or past employers. Contact the reference by telephone
or in writing. Document information obtained from reference.
Contact past employers. In writing or on the telephone, ask former
employers specific questions regarding the applicant's record of
honesty, violence, abuse, harassment, and other pertinent matters.
Also ask for examples of how the applicant has acted in a positive,
responsible manner. Document all information you receive, and note
from whom you received the information. Document even unsuccessful
attempts to get information. If a former employer will not answer
your questions, document it. If you request any information in writing,
include a copy of the signed release provided by the applicant.
Perform a background check, if necessary. If a job requires an
employee to be particularly trustworthy, the employer should conduct
a more thorough investigation, such as a credit records or criminal
history check, if these checks are legal in your state. You may
want to obtain a credit report if the applicant will be handling
money or expensive equipment. Obtain the employee's driving records
if he or she will be driving a company vehicle, or will be driving
while on duty. A criminal check may be necessary if state law requires
it for the job the employee is filling, or if the employee will
have access to money or valuables, carry a weapon or have access
to dangerous materials or drugs, drive a vehicle; have access to
pass keys, or have contact with children or vulnerable adults.
Caution: even in states that permit checking criminal records,
doing so may be viewed as a covert attempt to avoid hiring minorities
who statistically can have a higher rate of per capita convictions
than the majority. You may want to consider hiring a private investigator
to perform background checks.
Issues to weigh
When determining whether or not such extended background checking
is necessary, the employer should ask itself:
- What duties does the job entail? What
opportunities are there for committing criminal acts?
- Is a license required for the job? Did
the licensing agency conduct its own investigation into the licensee's
background?
- Does state law require a criminal records
check, such as in the case of child care workers, commercial banks,
and peace officers?
- Does state law preclude a criminal records
check?
- Is the absence of negative information
adequate, or should an attempt be made to acquire affirmative
statements of character from past employers, personal references,
or other sources?
Even if an employer discovers that an employee
has a criminal history, in order to ensure compliance with federal
and state laws, the employer should consider how job-related the
circumstances of the conviction are. For example, the employer should
consider:
- the relationship between the conviction
and the responsibilities of the position;
- the nature and number of convictions;
- the facts surrounding each offense;
- the length of time between the conviction
and the employment decision;
- the employment history of the applicant
or employee before and after the conviction; and,
- the rehabilitation efforts of the applicant
or employee.
Check education records to verify qualifications.
Asking applicants to provide copies of transcripts or degrees can
make this step much easier. Otherwise, many colleges and educational
institutions will verify the applicant's degree or attendance over
the telephone. And, if they will not give the information over the
telephone, you can write to them to request educational records
or verification of the applicant's degree or attendance.
Complete records checks before hiring. If this is not possible,
tell the applicant that continued employment would be contingent
on satisfactory results to records checks. Use the same hiring procedure
for every applicant, including part-time workers, seasonal or temporary
workers. Do not assume that employment agencies have performed a
background and reference check.
Editor's Note: This is the second of a two-part series. For Part
I, click here.
This article is courtesy of HRWire. All rights reserved.
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