Vermont Criminal Information Center

103 South Main Street

Waterbury, Vermont 05671

Prepared by:

VCIC Record Check Section

2010

VCIC - Vermont Criminal Information Center

Presents: Record checks:

Best practices for the Employer

Record Checks – Best practices for the

Employer Record Checks – Best practices for the

Employer

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Vermont Criminal Information Center Vermont Criminal Information Center

Importance of an applicant criminal record check• A criminal record check is a valuable risk

assessment tool that provides an employer with another method to evaluate the risk that a potential candidate poses to their organization. This type of risk assessment is a key component of a comprehensive employee evaluation process.

Record Checks – Best practices for the

Employer Record Checks – Best practices for the

Employer

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Vermont Criminal Information Center Vermont Criminal Information Center

Employers are provided with a valuablerisk assessment tool that allows them another method to evaluate therisk that a potential candidate for employment poses to their organization.

Benefits of complete and accurate applicant record checks?

Record Checks – Best practices for the

Employer Record Checks – Best practices for the

Employer

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Vermont Criminal Information Center Vermont Criminal Information Center

Overall reduction in employer liabilityand in some cases a reduction in insurance costs.

Benefits of complete and accurate applicant record checks?

Record Checks – Best practices for the

Employer Record Checks – Best practices for the

Employer

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Vermont Criminal Information Center Vermont Criminal Information Center

MINIMIZE RISK TO ASSETS, CUSTOMERS & CLIENTS

Benefits of complete and accurate applicant record checks?

Record Checks – Best practices for the

Employer Record Checks – Best practices for the

Employer

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Vermont Criminal Information Center Vermont Criminal Information Center

SAFER WORK ENVIRONMENT FOR ALL EMPLOYEES.

Benefits of complete and accurate applicant record checks?

Record Checks – Best practices for the

Employer Record Checks – Best practices for the

Employer

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Vermont Criminal Information Center Vermont Criminal Information Center

PROVIDES A COMPETITIVE EDGE BY MAKING YOUR BUSINESS PRACTICES AND WORK ENVIRONMENT PROFESSIONALLY ATTRACTIVE.

Benefits of complete and accurate applicant record checks?

Record Checks – Best practices for the

Employer Record Checks – Best practices for the

Employer

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Vermont Criminal Information Center Vermont Criminal Information Center

• The number of violent acts in the workplace has increased 300% over the last decade.

• According to the National Institute of Occupational Safety and Health, the number of violent acts in the workplace is increasing dramatically.

• A record check helps ensure a safer work environment by helping to filter out individuals that may potentially be unsuited for a particular work environment.

DID YOU KNOW??

Record Checks – Best practices for the

Employer Record Checks – Best practices for the

Employer

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Vermont Criminal Information Center Vermont Criminal Information Center

An average of 18,000 Americans will be assaulted this week while at work or on duty. That’s over 936,000 workplace assaults a year!

DID YOU KNOW??

Record Checks – Best practices for the

Employer Record Checks – Best practices for the

Employer

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Vermont Criminal Information Center Vermont Criminal Information Center

Homicide has now become the leading cause of death on the job for American women, and the second leading cause of death on the job for American men. An average of 20 people per week are murdered at work!

DID YOU KNOW??

Record Checks – Best practices for the

Employer Record Checks – Best practices for the

Employer

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Vermont Criminal Information Center Vermont Criminal Information Center

Negligent Hiring Liability!

• Negligent hiring litigation is a growing problem!

• Employers lose 79% of all negligent hiring suits and the average jury plaintiff award in law cases continues to be in excess of $1.6 million.

• Courts have ruled that “an employer has a general duty to check criminal records for employees who will have interface with the public, or who could have a foreseeable opportunity to commit a violent crime against someone in the course of employment.”

Record Checks – Best practices for the

Employer Record Checks – Best practices for the

Employer

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Vermont Criminal Information Center Vermont Criminal Information Center

A CAR RENTAL COMPANY RECENTLY PAID $750,000 TO AN EMPLOYEE WHO WAS RAPED BY A FELLOW EMPLOYEE.

Negligent Hiring Liability???

Record Checks – Best practices for the

Employer Record Checks – Best practices for the

Employer

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Vermont Criminal Information Center Vermont Criminal Information Center

A guard service was found guilty for inadequately checking a guard’s references when the guard helped steal from their client. The charge – negligent hiring as they failed to investigate and the employee had a criminal record. The damages paid were over $300,000!

Negligent Hiring Liability???

Record Checks – Best practices for the

Employer Record Checks – Best practices for the

Employer

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Vermont Criminal Information Center Vermont Criminal Information Center

AN EMPLOYEE WHO HAD PREVIOUSLY BEEN CONVICTED OF PASSING BAD CHECKS FORGED SIGNATURES ON SALES CONTRACTS. THE COURT JUDGED HIS EMPLOYER NEGLIGENT AND AWARDED $175,000.

Negligent Hiring Liability???

Record Checks – Best practices for the

Employer Record Checks – Best practices for the

Employer

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Vermont Criminal Information Center Vermont Criminal Information Center

An Appellate Court awarded $4 million to a woman who was raped by an employee. His employment application indicated no criminal convictions and the employer did not perform a complete background check.

Negligent Hiring Liability???

Record Checks – Best practices for the

Employer Record Checks – Best practices for the

Employer

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Vermont Criminal Information Center Vermont Criminal Information Center

Best Practices for the Employer

• Hiring Policy:

◦ Have in place a sound hiring policy or procedure

◦ Policy should be documented

◦ Policy should be constructed according to business requirements and in accordance with state and federal laws

• Application:

◦ Application should be constructed according to business requirements and in accordance with state and federal laws

◦ Application should ask questions pertinent to the needs of the organization

– Should include pertinent questions regarding individuals contact with the criminal justice system

Record Checks – Best practices for the

Employer Record Checks – Best practices for the

Employer

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Vermont Criminal Information Center Vermont Criminal Information Center

Best Practices for the Employer (cont.)

• Background check:

◦ It is in the best interest of any organization to conduct a background check which should include at a minimum:

– Conversation with previous employers

– A Vermont Criminal Conviction report from the Vermont Criminal Information Center

Not reporting offenses or falsifying an application is grounds for elimination in most organizations

• Interviews:

◦ Can be one on one or before a review board depending on the existing policy

◦ Interviewers should be cognizant of any issues or discrepancies particularly in the area of the individuals criminal history.

Record Checks – Best practices for the

Employer Record Checks – Best practices for the

Employer

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Vermont Criminal Information Center Vermont Criminal Information Center

Criminal Conviction Report

• Employers will now have access to a single source (VCIC) for the most complete, accurate and timely criminal history information.

• Employers can now obtain a criminal record check to verify applicant information and better assess an individual’s potential suitability in their work environment

• The Vermont Criminal Information Center is the state repository for the most complete, accurate and timely records regarding an individual’s criminal history.

• Vermont Legislation under Title 20 V.S.A. § 2056c. “Dissemination of criminal conviction records to the public” allows access to a Name/Date of Birth Vermont Criminal Conviction report on anyone for any reason.

Record Checks – Best practices for the

Employer Record Checks – Best practices for the

Employer

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Vermont Criminal Information Center Vermont Criminal Information Center

Criminal Conviction Report (cont.)

• The Vermont Criminal Information Center has developed the Vermont Criminal Conviction Report Internet Service (VCCRIS) which:

◦ Is accessible through any internet browser

◦ Provides anyone with a criminal conviction report on anyone by providing a Name and Date of Birth.

◦ The report is instantly returned to the requestor for review, printing or saving.

◦ Each report costs $30.00

◦ The service is accessible through “Online Services” at:

http://www.vermont.gov/portal/index.php

Record Checks – Best practices for the

Employer Record Checks – Best practices for the

Employer

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Vermont Criminal Information Center Vermont Criminal Information Center

Thank you for viewing this presentation.

We hope it has been of some value to you and we look forward to working with you in the future to help provide you with the tools to ensure your work environment remains safe and trouble free!

If you have any questions or would like further information please contact the Vermont Criminal Information Center Record Check Unit at:

802-241-5237