Department of Homeland Security Unveils New E-Verify Intiatives

The Dept. of Homeland Security (DHS) and U.S. Citizenship and Immigration Services (USCIS) announced new initiatives to enhance the web-based system, E-Verify.

E-Verify allows employers to electronically verify the employment eligibility of newly hired employees.

The three initiatives include:

• The streamlining of the processing of E-Verify employer misuse and discrimination claims
• New E-Verify civil rights and civil liberties videos that focus on explaining E-Verify procedures and policies, employee rights, and employer responsibilities under the program
• A new telephone hotline to improve E-Verify customer service

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Employee Records: Keep Them, and Keep Them Organized

Most companies keep some semblance of good, organized employee files. Going above and beyond when it comes to keeping the files up to date and archived is a not often used, but highly recommended practice.

In the event of employee grievances or in the terrifying case that your company becomes subject to a government audit, you'll be happy you took the time to implement a good policy when it comes to archiving these important documents.

Good practice is to create the file no later than the first day of hire. Any documents that are signed by the employee should be stored in that file. Two copies should be made, and provided to the employee. The file cabinet containing the documents should be locked at all times, and any I9 and employment verification documents are to be kept in a separate locked file.

Its a good idea to take a look at your state labor board's website for further descriptions on what type of information should be retained both during the employees tenure and after their termination.

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Fake Job References on the Rise

As if there weren't enough side effects of the current economic climate, new companies are cropping up to help job applicants lie and get away with it. With the rise in unemployment, a more competitive job market is to be expected.

But new companies like Alibi, HQ are making it extremely difficult to weed out the falsifications. The company charges an extraordinary amount to provide professional references, employment verifications and other "discrete" services.

The success of these companies is unknown, but it isn't surprising that the market is headed this way. Many people are out of work and desperate for jobs. Desperate times lead to desperate measures.

Liberty is doing everything in our power to insure accuracy of our verifications.

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Nonviolent Offenders Get Second Chance to Prove Themselves

A recent study of the records of 14,000 people who used a 2003 law to have their criminal records sealed offered several surprises to criminal justice experts. The law allows certain offenders to ask a court to order law enforcement agencies to keep criminal offenses under wraps.

Approximately 10% of the 14,000 offenders committed other crimes since 2003. The program shows enormous success. The nonviolent offenders were virtually allowed back into the workforce enabling the offenders to get a second chance.

"In the age of the Internet, where accusations cling on people the same way the scarlet letter did 300 years ago, these non disclosures are really, really significant," said Keith Hampton, Austin defense attorney and chair of the Texas Criminal Defense Lawyers Association's legislative committee.

Not everyone is pleased, however. Told of the 10 percent rate of repeat offenders, Williamson County District Attorney John Bradley said, "Wow, that's a pretty high level of recidivism."

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Clean Up Your Credit Report

Employers use credit reports to determine if their applicants are the right people for the job. A credit report is not just a reflection of how much you spend, it is reflection of your responsibility level and how much you can be trusted.

So, as the economic crisis rages on, more and more people are thinking about money and how it effects them. Cleaning up your credit report is a good New Year's resolution and here are some helpful tips to get yours in order:

First, get your credit report. Each year, you are entitled to receive one free from all three credit repositories: Transunion, Equifax and Experian. These reports will not actually contain your credit scores but they will give you a detailed analysis of all your active and inactive credit lines. This will help you to track what you've got left to pay off and ensure that you haven't been a victim of identity theft.

If you find an item which you which to contest, report it to the Credit Bureau immediately. If they find that the item you challenge is false or that it cannot be confirmed or denied, it will be removed immediately from your report. If they cannot confirm it, you have the right to submit a 100 word statement that will be included on your report.

Work toward getting your credit in good standing now. As the workforce tightens up for the long haul, you'll be one up on the rung toward getting, and keeping a better job.

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Don't Rely on State Databases for Criminal Records

There are dangerous shortcomings in Texas' DPS Computerized Criminal History database. In a study done by Imperative in October of 2008, found that the DPS was missing 36% of known criminal records- records ranging from simple theft to capital murder.

This means there is a one in three chance of missing criminal records using these databases. Cases that ended in dismissals were also excluded.

Employer often uses this database and other state databases such as Texas' to make important hiring decisions. They are inadequately maintained, and organizations that are concerned about providing a safe (and profitable) work environment should be wary when using them.

Utilizing a County Criminal search is the fail safe way to find records. Using the county level courts and searching every county a potential employee lived in is the only way to ensure you are getting the most thorough background check.

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Job Scams on the Rise

As the unemployment rate rises, job seekers are facing tougher and tougher competition. More than 1 million jobs alone have been cut this year. The Better Business Bureau (BBB) began receiving calls about a Texas company scamming job applicants.



Antonio Sillano (AKA: Allasondra Sillanogarry) allegedly made thousands of dollars by duping job applicants into paying for their own background investigation after being promised jobs that didn't exist. Hundreds of applicants were conned into paying the upfront fee of $80-$150.

After the fee was ponied up, the applicants never received word from the company's HR department, and the jobs never materialized.

Sillano first came under investigation in February 2007. The BBB had complaints on their reliability report since that time that they were unable to resolve. Sillano was arrested by Memphis police after advertising jobs there. Sillano is accused of identity theft and the Memphis police believe Sillano has operated under various aliases for some time.

The Better Business Bureau urges job seeks to keep a watchful eye out for scams. With the demand for jobs out there, it is safe to say we will see more of this type of behavior. Applicants shouldn't have to pay for their background investigations, the employers typically takes care of that. If you feel you are a victim of a scam, contact the credit bureaus and your own credit card company for further investigation.

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EVerify - Employment Eligibility and Your Obligations

Many states have passed recent laws mandating that employers process all new employees through the EVerify system, which is government mandated and maintained by the Department of Homeland Security and the Social Security Administration.



The beurocratic red tape surrounding the new mandates are overwhelming at first glance, however, are quite simply created to protect not only the employer from hiring illegal workers, but for employees themselves to be granted the right to prove they are legal and free to work in the US.





However, many employers are finding it difficult to comply with the rules. A person may be run through the EVerify system after they are hired, but must be terminated immediately if they are found to be in violation. If the employer knowingly retains the employee, legal action and penalties against them can be harsh.





That is not the most confusing part. The "Tentative Non-Confirmation" is where it gets sticky. Some employers are rashly terminating the employee and breaking from protocol by doing so. The non-confirmation is just that, unconfirmed status. Perhaps the applicant used a different spelling of their name than what is on file with the SSA and that is what returned.





Employers obligations in these cases are the continue employing the individual until the matter is resolved. Only at the time the employee receives a "Final Non-Confirmation" is it appropriate to terminate.





Employees have rights and EVerify works to help protect both sides of the coin. Used properly, it is the most effective tool available to verify the eligibility of your employees.





Liberty Screening is partnered with Form I9 to provide the service to our customers.

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Norwich, CT Gives Convicts a Chance

City Council members of Norwich, Connecticut are hearing from advocates wanting change in the application process for city employees. The group: Think Outside the Box, advocates delaying a criminal background check until the applicants qualifications have been determined. They want ex-criminals to have a fair judgement of their skills before having to check the box that states they have been convicted of a crime.

Employment is one of the the biggest limitations facing convicted criminals after they are released from prison. The advocates stress that it is not about trying to put sex offenders where they don't belong, but about trying to help people get back on their feet after being released from their punishment. Cities in New England are considering the change, and Boston has begun implementation of the new policy.

Once the applicant passes through the job qualification procedure, they will have to admit to their crimes, and are expected to speak frankly on the matter. It will be up to the hiring manager to make the final decision and they are granted full prudence on the decision-making process.

The procedure change is good, in a way, because criminals who have served their time are considered to be "rehabilitated." However, most people arrested for criminal offenses have prior arrest records and records in more than one state. (Federal Bureau of Investigation). Taking a chance on criminals by providing them a job might give them enough reason to stay off the streets and out of the life of crime. The fall-out from this program could be impressive, or it could work. I know I'll be waiting to see how it pans out.

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