EmployeeScreenIQ Blog

We just published a guest article on EmployeeScreen University by Verifile Limited’s Eyal Ben Cohen about international employment background checks.  Check out this excerpt below.

International background screening is rising in prominence and is becoming ever more critical to businesses as borders open up and the battle to hire the best talent intensifies. This article provides an overview of international background screening and an insight into the importance of conducting thorough international employee checks correctly and legally.

So picture this scenario, Mark has been appointed to a new senior role and his employer wants to check his background. He has had an international education and career path which has enabled him to work abroad. He studied in Switzerland and Germany and enjoyed a successful career in Australia, Malaysia and the UK before moving to the US. This will not be a completely unusual scenario to many readers. But how can we effectively check Mark’s credentials to ensure he has been honest and truthful in his application for the role?

Evidently we are going to have to screen Mark in each of those countries mentioned, but how should we do this? Many screening companies are experts on the rules and regulations of their own countries, but many do not know to what extent regulations or background checks differ abroad. Before starting any checks we need to have a clear understanding of the local laws and cultures in each country. For example, in the US criminal records are obtained from county and Federal courts, but it is impractical to conduct a national check by going to every court in the US. But this does not mean that the rest of the world uses the same process. On the other hand in the UK, national checks are possible through official government bodies set up for this purpose, and indeed by law it is illegal to obtain criminal records in any other way, for example by trying to copy the US approach by going to a local court.

When faced with an international check, there are six key areas to consider:

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Here is a nice quick read on how criminal pardons work in Canada.  Pardons work a bit differently in the United States but this should give our readers a clear understanding of how they work up north.  Searching criminal records in various ways might identify these pardons when conducting an employment background check.  Its interesting also because there are actually different levels of pardons and some offenders may or may not receive all the full benefits.  One of the benefits could be allowing foreign travel, including into the United States.

Since 1970, more than 400,000 Canadians have received pardons. Of those, 4% have seen their pardons revoked, “indicating that the vast majority of pardon recipients remain crime-free in the community,” the board’s website says. In 2006-2007 — the year Graham James was pardoned — the board issued 7,672 pardons to people convicted of summary offenses and granted another 7,076 to applicants with more serious convictions. In that same period, the board denied only 103 applications. The latest data, for 2008-2009, show that the board granted a whopping 9,628 pardons.

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Currently, what dictates if an individual has a permanent criminal record in Copenhagen is the type of crime he or she commits.  Danish legislatures are looking to revamp this policy so that any person undergoing a prison term of more than 30 days receives a permanent mark on their criminal record.  Officials are looking to include in this new policy those convicted of cheating on their taxes and environmental polluters (Copenhagen is considered one of the world’s most environmentally friendly cities).

All crimes should be on criminal record

The Copenhagen Post Online – March 30, 2010

Legislative proposal wants to see all crimes resulting in a jail term of more than 30 days listed on person’s criminal record

Politicians want to target tax cheats and environmental polluters so that it’s not just drug lords and robbers who end up with a criminal record.

Currently only those who violate criminal law, receive a fine for that violation or break laws on psychedelic drugs are slapped with such a record.

Conservative Party justice spokesman Tom Behnkehas submitted a proposal that would see all those given a prison sentence of more than 30 days receive a permanent note of their crime on their criminal file.

‘It shouldn’t be the type of crime that decides what goes on the record. It should be that you’re given a criminal record if you’ve committed a crime so serious that it warranted a prison sentence,’ Behnke told Politiken newspaper.

The proposal has received support from a number of political parties, but they have called for further debate on the issue to ensure that criminal records are not used to further punish people after they have served their time.

‘It’s a good idea to record all serious crimes on a criminal record to send the signal that society is taking a stand against these violations, but at the same time we can’t brand people. If you’ve been sentenced for polluting then it’s fortunate if you don’t get a job in the Environment Ministry, but maybe you could still be employed by DSB,’ said Liberal justice spokesman Kim Andersen.

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Our neighbors to the north are decades ahead of us in passing legislation to curb workplace violence. Major changes to the provincial Occupational Health and Safety Act called Bill 168 create new rules to prevent violence and harassment in the workplace. The bill does not directly address background checks or employment screening, however, another provision obligates an employer to warn employees if its knows, or should know, that a worker could come into contact with a person with a history of violence. (Kind of sounds like the Negligent Hiring Doctrine) How would it know this; the answer is simple, comprehensive screening of their employees.

Ontario employers face tough new violence laws

There were plenty of warning signs of trouble in the months before nurse Lori Dupont’s final shift at Hôtel-Dieu Grace Hospital in Windsor, Ont.

In February of 2005, she had broken up with Marc Daniel, a 50-year-old married anesthesiologist, after he tried to kill himself. The two had met while working in the hospital, where Dr. Daniel had a history of harassing nurses, both verbally and physically.

When he was released from hospital after his suicide attempt, Dr. Daniel returned to work, where he intimidated and stalked Ms. Dupont, a 36-year-old single mother. He left compromising photos of her on her car and threatened to distribute them. He was suspended, but soon back at work again, on the recommendation of a psychiatrist.

On the morning of Nov. 12, when the pair were on a shift together, Dr. Daniel hid behind a pillar in the recovery room. Minutes later, he stabbed Ms. Dupont to death, plunging a hunting knife into her upper chest and back seven times. He was later found in his car, with a syringe in his arm and no vital signs. He died three days later in the same hospital.

Almost five years later, new workplace violence and harassment rules prompted by Ms. Dupont’s death are set to take effect in Ontario. On June 15, employers in the province will have to comply with the major changes to the provincial Occupational Health and Safety Act, contained in amendments known as Bill 168.

Other provinces, including Quebec, Manitoba, Saskatchewan and Alberta, have some comparable legislation, but some legal experts say Ontario’s new rules are vague in places and leave questions that will likely have to be answered in court.

And employment lawyers in Ontario say that with the deadline now less than three months away, many of the province’s corporations are only now coming to grips with the changes.

Under the coming regulations, employers will have to conduct workplace violence risk assessments, draft new policies on workplace violence and harassment, and warn employees if they could be exposed at work to someone with a violent past.

Employees will also have the right to refuse to work if they feel they are at risk of workplace violence.

The reforms also broaden the definition of workplace harassment, which is currently limited to sexist, racist or other comments covered by the Ontario Human Rights Code. Now, harassment will be defined as including “course of vexatious comment or conduct against a worker in a workplace that is known or ought reasonably to be known to be unwelcome.”

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It seems that our friends across the pond have some major issues on their hands.  It appears that over 7000 CONVICTED criminals applied to become teachers last year.  The Criminal Records Bureau (CRB) provides background checks to the schools but has no idea how many of them were hired.

CRIMINAL CLASSES: JOBS FOR EX-CONS

NEARLY 7,000 convicted pedophiles, killers and kidnappers applied to become teachers last year.

The Criminal Records Bureau (CRB) revealed brothel keepers, flashers, child beaters and drug dealers were also among those after classroom jobs.

Last night Secretary of State for Children Ed Balls demanded an investigation after the disturbing figures were released under the Freedom of Information Act.

They showed 6,750 of the 248,220 people who applied for classroom jobs last year had criminal records.

They included two who had taken indecent photos of children and four convicted of manslaughter. The CRB carries out checks for employers on job candidates who may be unsuitable to work with children or other vulnerable people.

But a Home Office spokesman admitted they had no figures to show if any of them landed teaching jobs.

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Hotels in India and many other countries are beginning to embrace the concept of employment background investigations.  The Taj Mahal Hotel in Mumbai India and others will begin background checks on various staff, and long term guests.  This move comes after terrorists took siege of the Taj Mahal hotel and held employees and guests for several days.  Over 132 people were killed and hundreds more were injured in these well coordinated attacks spanning across the city of Mumbai.

The full article can be found at:

Rattled hotels start screening employees

Our thoughts are with the families of the victims of this horrible tragedy.

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Dubai’s Health Authority (DHA) has suspended the medical license of a physician currently under investigation for causing the death of a patient in the United Kingdom.  Dr. Mitra Nikkhah has been charged with manslaughter caused by gross negligence in the death of an elderly patient.  Dr. Nikkhah allegedly prescribed penicillin to the patient despite being told by his wife he was allergic to the drug.  A month after being charged with the crime, Dr. Nikkhah had relocated to Dubai and had begun practicing medicine there.  DHA had not performed a background check or a license verification on the doctor before granting her a medical license.  The DHA now affirms that they will conduct background checks and license verifications on all incoming physicians and all physicians currently working in the country.

According to this article, this isn’t the first time DHA had granted a medical license to a physician who had previously lost his license in the U.K.  So, why didn’t they think to check backgrounds and verify licenses back then?

Fool me twice, shame on me!

Officials to investigate physicians’ histories

By Mitya Underwood, The National – November 18, 2008

DUBAI // Health officials revealed plans to conduct background checks and verify the licence of every medical professional working in the emirate.

The announcement coincides with the trial in the UK this week of a Dubai-based doctor accused of killing a patient by giving him the wrong medication.

The Dubai Health Authority (DHA) said it would follow closely the criminal case against Dr Mitra Nikkhah, who was apparently practising in Dubai a month after she was charged in the UK. It has already suspended Dr Nikkhah’s licence and said it would take further action against her if necessary.

The DHA said it had been planning the background checks before Dr Nikkhah’s case came to light. The checks are to include examining employment records.

They will be incorporated in a four-year overhaul of the emirate’s healthcare system begun in June, under which about 15,000 medical professionals will be required to reapply for their licences.

Dr Nikkhah, 41, was working as a locum GP in a health centre in Plymouth, England, in May 2006 when she allegedly prescribed penicillin to an elderly patient, despite being told he was allergic to the drug.

The patient, David Townsend, 73, went into anaphylactic shock and died, the Plymouth Crown Court heard at the start of her trial on Monday.

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It appears that we in the US have exported yet another hot commodity to those in India: Resume Fraud.  In a recent article posted on ERE, author Raghav Singh sheds some light on just how rampant this practice has become.

“A recent study by KPMG found that about 60% of employers complain about resume fraud and fake credentials among significant numbers of applicants. Five percent of companies have reported losses exceeding $2 million as a result. The situation is such that many universities are now starting to embed RFID chips in their diplomas to prevent fraud.”

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How does this information compare to our numbers in the US?  employeescreenIQ research shows that 56% of the verifications that we conduct (employment and education) contain some type of discrepancy between what the applicant reported and what the employer indicated.  In a recent survey, we found that nearly 10% of job applicants make false assertions about their academic accomplishments.  So to answer the question above about how the findings in India compare to us in the US, the answer is simple: there is no difference.

How do we explain this phenomenon?  There are two factors that I believe play into this developing trend in India.  First, many people witnessed what career advancement (translation: money and power) could do for their lives.  Second, there are more people competing for fewer jobs.  What better way to stand out from the crowd by embellishing your credentials.

Just like in the US though, employment screening is becoming mainstream in India today.  By exercising proper due diligence through tools like Employment and Education Verifications, organizations can make more informed hiring decisions which will ultimately reduce their exposure to this emerging trend.

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As a condition for the Republic of Korea to join the United States’ visa waiver program, both countries have signed an accord that would allow for the exchange of criminal records of those traveling to the other country.  According to Homeland Security Deputy Secretary Paul A. Schneider, “This agreement will enable law enforcement officers on both countries to share information to combat crime and enhance our ability to prevent criminal and terrorist travel.”  The types of criminal records shared between the two countries include convictions for serious crimes where the traveler spent a year or more in jail.

GREAT idea.  But I’d be very interested to know how the Department of Homeland Security intends to identify the criminal records of these travelers.  As many of you know, there is no one reliable national database for criminal records. In fact, if you combined all national criminal records databases together into one database, it still wouldn’t house all of the information from every court in the U.S. and even if it did, the accuracy is questionable.  I doubt the DHS will be doing a county criminal search on each traveler to Korea as that could be costly and time consuming.  So, how will the DHS effectively pull this off?  How will Korea?

I’ll be keeping my fingers crossed…

South Korea, US Sign Accord on Criminal Data Exchange

Yahoo! Asia News – November 10, 2008

SEOUL, Nov. 10 Asia Pulse – South Korea and the U.S. signed an accord on exchanging criminal records of visitors to each other’s country on Friday, ahead of South Korea’s inclusion into the U.S. visa waiver program slated to take effect on Nov. 17, Seoul’s Foreign Ministry said Sunday.

The accord on criminal data exchange was signed by South Korean ambassador to the U.S. Lee Tae-sik and Paul Schneider, deputy secretary of the U.S. Department of Homeland Security in a ceremony in Washington, said the ministry.

The agreement calls for the two sides to share personal information on those who have received a more than one-year jail term for such grave crimes as murder, rape, robbery, deception, arson and human trafficking.

The ministry has said it will ask the National Assembly to ratify the accord later this week.

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The Canadian Criminal Records Bureau or CRB’s system for criminal records is not without flaws.  This is the system primarily used by Canadian employers to conduct background checks.

Wrong name! Trainee is accused of assault

A STUDENT nurse could be kicked off his course after a check by the Criminal Records Bureau wrongly accused him of assaulting an 11-year-old boy.

David Williams, 45, was due to start a placement at Meldreth Manor School as part of his course at Anglia Ruskin University but is having to defer his place after he was wrongly said to have assault convictions which are in the name of another David Williams.

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