Reminder on the Massachusetts Statewide Criminal (CORI) Search

For those conducting criminal background checks as part of their employment screening program, here is another reminder to the changes in the  Massachusetts State Criminal Search.  The search is formally entitled the Criminal Offender Record Information, or CORI.

Here are some things things to keep in mind…..
As most of you are aware, reforms to the Massachusetts Criminal Offender Record Law go into effect on May 4, 2012. This law imposes significant new obligations on Massachusetts employers conducting criminal background checks and will require employers to reassess their current practices. In addition to the statutory reforms, the Department of Criminal Justice Information Services recently issued Proposed Regulations that provide additional guidance regarding employers’ obligations under the new statute, impose additional requirements, and specifically address the role of Consumer Reporting Agencies in obtaining criminal history information.  The attached Strategy & Insights Memo provides a detailed analysis of the new CORI law, the proposed regulations and the steps that employers need to take to comply with these new requirements.

For more complete information involving the updates to the CORI search, please go to the Seyfarth Shaw, LLP Website.  They offer a more thorough understanding of what to consider when ordering the CORI from employment background checks.

Wells Fargo Uses Background Checks to Discover Employee Criminal Records

Wells Fargo Bank recently discovered some of their employees were more than they claimed to be.  Some of the bank employees where convicted criminals who liked about their previous transgressions with the law.  However, background checks revealed that the employees were in fact lying about their pasts.  Wells Fargo has dismissed them for past criminal records concerning dishonesty and breach of trust.

According to the article in the Sun Herald…”The decision to terminate team members over criminal matters that occurred prior to their employment with Wells Fargo may seem tough – we recognize that these situations are difficult for everyone involved – but laws and regulations related to the employment of bank employees are designed to protect the interests of all consumers who put their trust in financial service companies.

As an insured depository institution, Wells Fargo is bound by Section 19 of the Federal Deposit Insurance Act that prohibits us from hiring or continuing the employment of any person who we know has a criminal record involving dishonesty or breach of trust – regardless of when the incidents occurred. This includes convictions as well as situations where the person has agreed to enter into a pretrial diversion or similar program in connection with a prosecution for such an offense, even if the charges ultimately are dismissed. Wells Fargo has been performing thorough background checks on all its team members – regardless of when they were hired – which includes a fingerprint check with the Federal Bureau of Investigation.”

The decision to terminate team members over criminal matters that occurred prior to their employment with Wells Fargo may seem tough – we recognize that these situations are difficult for everyone involved – but laws and regulations related to the employment of bank employees are designed to protect the interests of all consumers who put their trust in financial service companies.

As an insured depository institution, Wells Fargo is bound by Section 19 of the Federal Deposit Insurance Act that prohibits us from hiring or continuing the employment of any person who we know has a criminal record involving dishonesty or breach of trust – regardless of when the incidents occurred. This includes convictions as well as situations where the person has agreed to enter into a pretrial diversion or similar program in connection with a prosecution for such an offense, even if the charges ultimately are dismissed. Wells Fargo has been performing thorough background checks on all its team members – regardless of when they were hired – which includes a fingerprint check with the Federal Bureau of Investigation.

As a bank, it is realistic to assume Wells Fargo has conducted comprehensive background checks on its employment candidates.   Apparently, from the article, they also conduct recurring background checks, which larger companies perceive as advisable.  It is one thing to clear an employment candidate, but then what about those employees who are convicted after finding work?  What then?”  With Wells Fargo, of course, there are compliance standards that must be met–Section 19 of the Federal Deposit Insurance Act.  As for other, larger corporate entities, what are their policies on conducting recurring background checks on current employees?

In certain employment positions in sensitive industries, technology, aerospace, financial, it may well pay to conduct periodic background checks.   Since the recession, more than a few employees have gotten themselves into trouble and have committed desperate acts.  Some were in-house employee theft, which was ultimately discovered by the employer.  And some of the criminal activity was outside the office, who may have called in sick for several days to explain their sudden absence.

Anyway, here lies a cautionary tale.

Corra Group Has Moved to Its New El Segundo, California Office Space

We moved.  Finally.  Rule of thumb…whatever content you think you have for moving, multiply it by five.

Corra Group has moved in to its larger office space in order to better service its growing list of clients. The employment background checking service is now headquartered at 201 Continental Blvd, Suite 107, El Segundo, California.

“We are in at last,” said Nick Gustavson, Co-Founder of Corra Group. “As is always the case with moving an office, it took longer than we thought and there were the typical speed bumps. But now we are here, set up and ready to go.

“The larger office space will better enable us to facilitate our client growth,” said Gustavson. “El Segundo has long been a busy friendly city with such notables as Chevron, Mattel, Northrop Grumman, and Raytheon as our neighbors. It’s a really great coastal town. There are a number of media and technology companies, such as Rhythm and Hues and Stamps.Com, surrounding us and in the adjacent business parks. Because the area is so attractive, we will be able to recruit from a deep and knowledgeable employment pool.”

For the complete release go to this link

Facebook Passwords and Employment Background Checks

Here is an interesting article regarding the controversy over employers who are requesting their job applicants’ Facebook Passwords in order to monitor this social media function.   While social media reviews can be helpful, there are also things to consider, including invasion of privacy issues and FCRA compliance standards.

Facebook itself made a statement that its members not be required to provide to prospective employers their user id and password information.  Facebook, in a statement, regards this as private information.

My own thoughts concern the value standards as to what would constitute a negative review of an employment candidate’s social media background check?   Some aspects of that background check are pretty obvious–i.e. bad mouthing other employers, former and current managers, etc.   But some information may just be personality indicators, may even reveal certain eccentricities, which of themselves do not necessarily nullify a job applicant’s skill sets or his ability to perform the job.

Here is the complete article…go to this link in the Wall Street Journal.