CriminalData

Employee Theft Hits Retailers Hard

March 15th, 2012

employee background check, pre-employment screening, criminal background checkNationwide, retailers are feeling the pain of big losses due to theft—and it’s not all from shoplifters. More losses occur due to their own employees than to shoplifters, or even organized crime, according to a recent report.

The National Retail Security Survey (NRSS) revealed that in 2010, shoplifting and organized retail crime accounted for about 31% of inventory shrinkage, while thefts by employees made up a whopping 45% of losses. Another 14% of shrinkage was due to administrative error, while vendor fraud was 4% of the total.

News reports are full of employees stealing clothing, perfume, cosmetics, athletic shoes, housewares and sporting goods, and selling it on eBay, Craig’s list and other websites. In other cases, office employees with access to cash are often charged with embezzlement, or cashiers are accused of loading store debit and credit cards with cash amounts.

According to the NRSS survey, about half of gift card losses were due to dishonest employees in 2010. And it seems employees are working together to rip off their employers: the report states about 18% of internal theft cases involved collusion. Some collaborate to ring up purchases for less than the regular price, then return the merchandise later, pocketing the full amount in cash.

With sophisticated cameras and anti-theft devices, how can employees get away with stealing so much inventory from retailers? The answer is not an easy one. Each time new technology is developed, it seems, someone finds a way to circumvent it.

Loss prevention experts say employee theft is all about “opportunity.” Controlling opportunities helps cut down employee theft. Setting standards, using controls and watching employees who are suspected of wrongdoing are all important.

With the average employee theft case totaling $996, compared to shoplifting cases averaging $337, retailers have the incentive to prevent employee theft whenever possible. One way to help protect any business from employee theft is to know the background and criminal history on each new hire, by conducting thorough background checks and pre-employment screening!

Florida Workplace Violence Happens After Termination

March 8th, 2012

pre-employment screening, employee background checkEarlier this week, a tragic ending to an employee termination occurred at a private school in Jacksonville, Florida, when a just-fired teacher returned to the school and shot the head of the school and then himself. The gunman, Shane Schumerth, was a Spanish teacher at the school.

It appears that the firing meeting took place away from students and with a witness. The terminated teacher was then escorted off campus; security was informed and a guard was placed at the school’s entrance.

The school had a full time Director of Safety and Security, and implemented security measures such as video surveillance, security gates and a digital patrol system that ensured required safety patrols were completed each day.

However, the former teacher was able to gain access to the administrator’s office by going through the football field. He carried an AK-47 semi-automatic assault rifle and nearly 100 rounds of ammunition in a guitar case.

Officials say this sort of tragedy cannot be prevented—especially when the individual gives no warning, and is determined to hurt someone. This school did all the right things: badges are required of all visitors; classroom cameras, intercoms and panic buttons are connected to the main office; gates are closed and locked at night.

Still, while a random act of violence can’t be prevented, a tragedy like this is a wake-up call for all employers. Termination procedures should include notification to all staff that the fired employee is no longer allowed on site, as well as instructions on what to do if he or she is seen on the premises.

Security badges must be deactivated immediately. Managers should pay extra attention, and be extra sensitive, to any unstable or unusual behavior by an employee before, during or after the termination process. If they feel the employee could be a threat, everyone should be notified so they can be on guard.

And don’t wait until termination to deal with an unstable or threatening employee. Suspending the person while an investigation takes place is always an option.

Be sure that hiring procedures include thorough pre-employment screening. It’s vital to know who you’re hiring, and to screen potential employees for past criminal activity, felony convictions, sex offenses and work history.

Preventing Violence in the Workplace

February 21st, 2012

employee prescreening, employee criminal background checkA new survey by AlliedBarton Security Services reveals that more than half of Americans have had an experience with workplace violence. The survey of 1,030 adults reported that 52% of respondents witnessed, heard about or experienced a violent event or an event that can lead to violence at their place of work. Typical incidents that lead to violence include hostility, threats and abusive language that can intensify to physical injury.

Twenty-eight percent of workers surveyed said that at their current job, they have been personally affected by these types of incidents or violence. Another 12% have witnessed, heard about or are aware of significant harm to others at their jobs, while 5% reported they have personally been affected by this type of incident.

The survey also asked workers how they felt about safety on the job. Fully one-third said they are very or somewhat concerned with their personal safety. In contrast, 29% of workers who experienced, witnessed or heard about an incident of violence neither reported it nor took any other action.

The survey also found that, while the vast majority of employers (94%) took some action as a result of reports of workplace violence, only 53% took disciplinary action. The percentage of employers who implement training for workers or supervisors was also low (45% and 35%, respectively).

Experiencing violent incidents on the job can encourage employees to seek a new position. According to the survey, 28% of those who know about or experience workplace violence are looking for a new job, compared to 17% of those who have not.

Employers owe it to their workers to provide a safe and healthy work environment. It starts by paying attention to the culture of the workplace, and instilling good practices and procedures. A no-tolerance approach to bullying, abusive language and inappropriate behavior, backed up by disciplinary action for every incident, will empower all employees to help prevent workplace violence before it happens.

And don’t neglect to conduct thorough pre-employee screening on each prospective employee. Knowing an applicant’s criminal history is vital to keeping your workplace and employees safe from potential harm.

A safe workplace sees less turnover and higher morale, and increased productivity. And it’s what every employee deserves.

Employer Claims Ownership of Twitter Account in Lawsuit

February 18th, 2012

employee screening, employee background checkIn today’s business world, many firms hire a social media manager , who is in charge of a company’s Facebook page, Twitter account, YouTube channel, and other social media marketing platforms. They’re tasked with promoting the company, gaining followers and engaging customers.

In other organizations, employees have a looser affiliation with the company’s official social media presence. They may have a personal Twitter account where they post both business and individual messages.

A new lawsuit is bringing the value of a social media account into question. Namely, can a company claim ownership of an employee’s social media account?

In this case, an employee for Phonedog.com, a mobile phone site, set up a Twitter account under the handle Phonedog_Noah that grew to 17,000 followers. He left the company, which at the time said he could keep his Twitter account if he tweeted on the company’s behalf from time to time. He agreed and changed his handle, but kept his followers.

Eight months later, PhoneDog Media sued him, saying the follower list was a customer list that the company owned. It sought damages of $2.50 per follower per month—a total of $340,000. The employee claims the suit is in retaliation for his own lawsuit against PhoneDog for unpaid wages and profits. He also disputes the worth of the Twitter followers.

This case puts the spotlight on an increasingly difficult problem for many employers. While tweeting and posting to Facebook or LinkedIn are often assumed to be an employee’s prerogative, which can improve (or at times, harm) the company’s reputation, while enabling employees to network and learn information that can improve their job performance.

The California District Court, which is hearing the case, may issue a ruling that puts the decision back in Twitter’s hands. After all, Twitter owns the entire site and everything that happens on it.

Companies that wish to avoid such interruptions and expenses should immediately craft clear social media policies, covering questions about ownership and portability.

When hiring new employees, be sure to conduct proper background screening. The best pre-employment screening process includes employee background checks, employee credit checks, and criminal background checks. You’ll know you’re hiring safe when you screen employees before offering a position.

Pepsi Pays Big Fine to Settle Criminal Background Check Charges

February 7th, 2012

employee screening, employee background check, criminal background checksPepsi Beverages agreed to a settlement on federal charges of race discrimination, brought by the Equal Employment Opportunity Commission (EEOC). Under the settlement, Pepsi will pay $3.1 million for using criminal background checks to screen out job applicants.

Under the company’s policy, applicants with arrest records—even if they were not convicted—were not eligible for hire. In addition, the company denied employment to other applicants with minor convictions. The policy led to Pepsi unfairly excluding over 300 black applicants from employment.

According to the EEOC, the policy discriminated against minorities, because they have a disproportionate rate of arrest and convictions than whites. Further, using arrest and conviction records to deny employment can be illegal if it is not relevant to the job, the EEOC said. For example, an old DUI conviction would not be relevant to a retail sales job, while a conviction for theft could be.

Pepsi officials said the company’s employee background check policy is neutral, and the EEOC found no evidence of intentional discrimination. After the issue was first brought to Pepsi’s attention in 2006, the company collaborated with the EEOC to revise its background check process and improve its diversity and inclusivity.

Since the federal charges were brought against Pepsi Beverages, the company has changed its criminal background check policy. It also plans to make jobs available to those applicants who were denied unemployment under the previous policy.

Employment lawyers who monitor EEOC activity say there has been an increase over the past year in charges over background checks, and that the commission has taken a very aggressive enforcement stand on the use of criminal background and criminal history in hiring.

Pepsi Beverages is PepsiCo’s operation unit in the U.S., Canada and Mexico. Under the settlement, the company will report regularly to the EEOC on its hiring practices and provide anti discrimination training to hiring personnel and management.

The EEOC is expected to issue more specific guidelines for employers, following a hearing on criminal background checks last summer.

Are Criminal Background Questions on Employment Applications Going Away?

January 31st, 2012

pre employment screening, employee background checkCivil rights organizations, politicians and others are calling for the Equal Employment Opportunity Commission (EEOC) to prohibit employers from asking job seekers if they have a criminal record on employment applications.

Last summer, the EEOC held a hearing regarding a possible ban on criminal background checks for screening employees, but has not yet released its opinion. Some states are already eliminating the criminal record question for state job applicants.

Why are supporters calling for the “box ban?” Some say that it prevents applicants from getting a fair chance at a job, because they don’t have an opportunity to explain the circumstances if they don’t ever get an interview. They say that too often, employers automatically eliminate anyone with a criminal history during the application process.

Others say that in most cases, the conviction is not related or relevant to the position being filled. Still others say that the disproportionate number of people of color with criminal records means this is essentially a civil rights issue. Advocates say they are behind the ban in an effort to reduce discrimination and unfair barriers against people with felony and misdemeanor convictions—particularly those that occurred years or decades ago.

Some cities have enacted ordinances prohibiting employers from asking anything about criminal backgrounds until after an applicant’s first interview. In Seattle, Philadelphia, Chicago, San Francisco and Boston, criminal background checks are permitted after an interview, but requiring an applicant to reveal his or her criminal record on a job application is not.

Advocates say that employment is the way to a better life for individuals with criminal records, and that it levels the playing field by allowing everyone to be judged on qualifications and merit. But many employers are understandably hesitant to take that chance.

We’ll keep you posted on these possible changes, so you can make the best hiring decisions for your business.

Have you hired an employee with a criminal conviction? How did it work out?

Creating a Comfortable Workplace For Everyone

January 16th, 2012

employeescreeningblog, employee screening, pre-employment screeningFor employers, hearing that yours is a toxic work environment is not good news. Whether it’s flirtatious co-workers, religious displays, bullying or inappropriate language, there are dozens of factors that can cause people to feel uncomfortable at work. On one hand, this type of environment can hurt employee morale, and cause higher levels of turnover. Under more serious circumstances, it can lead to lawsuits.

How can employers and HR managers create a work environment where every employee feels respected and comfortable? Here are a few tips that can help you shape a clear policy, so everyone knows what’s expected and what types of behavior will not be tolerated.

  1. Gather information: First, meet with employees who have expressed dissatisfaction with the work environment. You can do this individually or in groups. Ask them to share any details of inappropriate or hurtful behavior, without naming individual employees who have perpetrated the behavior.
  2. Create a list of workplace rules: Call it a code of conduct, a mission statement or a new company policy—whatever works. Take the information from the interview process and determine what is and is not acceptable. You may include items about personal behavior, such as treating employees and customers with respect, not harassing or bullying, and using language appropriate for the workplace.
  3. Communicate the rules to all employees: It’s important that staff and management alike understand that the new rules are to be taken seriously, and that infractions will not be tolerated. Disseminate the rules in whatever manner your company typically communicates important policies, and add it to the employee manual.
  4. Follow up: Handle each new complaint as it arises. Deal with the facts and avoid judgment. Clarify what happened and explain how it made the affected employee feel. Then make it clear that this behavior goes against company policy and will not be tolerated.

No employee deserves to work in a toxic environment. Make sure yours doesn’t fall into that category by following these simple steps.

Should Businesses Hire Just Because it’s the Right Thing to Do?

December 22nd, 2011

employee screening, employee background checkAs the economic recovery slogs on without a significant change in employment, some HR experts and recruiters are advocating a push in hiring as a way to reduce poverty and homelessness. Instead of awaiting the perfect candidate, businesses can hire the next best person and provide training to bring them up to speed. Companies with one full time opening could hire one-and-a-half workers. Extend and reach a little, and change a life—or two.

Why? As one former recruiter says, there is a value in simply employing people. To give them hope, while keeping families intact and off the street. Illustrating the reality of family life for a large number of Americans today, is a recent 60 Minutes piece, following up on a story done a year ago about the large number of homeless kids in central Florida. Having lost their homes through eviction or foreclosure, many were then living with their families in motels. One year later, some of these same families are now living in their cars.

The story featured parents who once enjoyed full-time jobs and were able to support their families. Now, they’ve been out of work for months or years. Friends and family can no longer offer their extra rooms and couches, and the families have nowhere to go. Kids get ready for school in the morning in gas station or convenience store bathrooms. School systems hire homeless child specialists to help kids deal with the many problems associated with sleeping and living in cars.

If you’re an employer, are you in a position to hire someone and lift him or her out of poverty? Could you make a lasting difference in a family’s life by giving them the means to put a real roof (not a car roof) over their heads?

If you don’t need any workers, you can still strengthen your community. Why not donate a scholarship in your business’s name to your local technical or community college? Giving a student in need the chance to obtain an education is a life-changing act. Programs offered at these schools typically teach the skills most needed by local industry.

Imagine what would happen if 25% of the businesses in America each hired one worker. With approximately 6 million firms with employees in this country, that’s 1.5 million new jobs. While it might be a nice idea that goes nowhere, it’s worth thinking about—especially at this time of year.

Great Leaders Can Motivate Without Money

December 16th, 2011

employee screening, employee background checkLow on cash this holiday season? You’re not alone. Studies show that holiday bonuses will be few and far between this year. In fact, one survey of 100 companies showed that 43 percent would not be giving year-end bonuses—up from 28 percent in 2007.

So how can you convince employees to stick with you, even though you’re running leaner operation, and morale is suffering? Luckily, creating a great team often has nothing to do with money—and everything to do with leadership.

How Leaders Motivate Without Spending Money

  • Encourage New Leaders: Make examples out of your best employees. Encourage them to step up and take on more responsibility. If they need more training to perform at a higher level, make sure they get it.
  • Say Thank You: When someone does a great job, show your appreciation. Every time. If your company reaches an objective, share the accolades with everyone.
  • Throw a Party: Celebrations make everybody feel good. Closing early on a Friday and bringing in pizza is a great, inexpensive way to kick off the weekend. Plan a picnic in the summer, or a bowling party in the winter. Anything to break the monotony of work and show your team that you want them to enjoy themselves will go a long way.
  • Invite Ideas: Ask your employees what they think, instead of always telling them what you think. Hold regular brainstorming sessions, where everyone is allowed to contribute. Whether you use their ideas or not, it still makes them feel engaged and valued.
  • Encourage Teamwork: Instead of making one person in charge of a team or project, have the entire group work together as a team, as equals. You may find they are more motivated to do well when they feel empowered.
  • Break Down Barriers to Communication: Asking for ideas and encouraging participation is a great start to better communication. Ignoring titles and allowing staff to break out of their job descriptions can also help.
  • Insist on Accountability: When employees are given high expectations, they will strive to meet them—and feel good when they do. If they don’t, let them know they are still accountable for getting the job done. Don’t allow an employee to present a problem without suggesting a solution. Eventually, everyone will be more accountable for their work and for improving their performance.
When hiring new employees, be sure to conduct proper background screening. The best pre-employment screening process includes employee background checks, employee credit checks, and criminal background checks. You’ll know you’re hiring safe when you screen employees before offering a position.

Employment Credit Checks Prohibited in California

December 8th, 2011

employee screening, employee credit checkCalifornia recently became the seventh state to prohibit credit checks in making employment decisions. Effective January 1, 2012, the law outlaws most employee credit checks. It states that employers may only use consumer credit reports when hiring for:

  • Managerial positions
  • Prospective law enforcement officers
  • Jobs that provide access to consumer credit card applications
  • Positions in the state Justice Department
  • Jobs in which the employee would have access to confidential information
  • Positions where the employee would be a signatory on a bank or credit card account
  • Jobs in which the employee would have access to cash totaling $10,000 or more

The U.S. Equal Employment Opportunity Commission held hearings in October around the issue of employee credit checks, which some employers see as a signal that additional legislation could be coming.

One concern is that more people have experienced damaged credit ratings in the wake of the economic crisis. However, employers’ groups said that it is wrong for the government to infringe on the ability to screen out applicants who have the potential to damage or bankrupt a company.

In addition, the patchwork of statutes being enacted by various states makes it more difficult for national companies to stay in compliance, say employer representatives.

Experts say that it’s important for employers to be extremely consistent in how they apply employee credit screening policies. It’s also a good idea to talk to prospective employees about any problems revealed in credit reports.