Dear Liberty....

"I had a great opportunity at a new company a week ago, but I realized the 6 month gap in my employment might look bad on my profile, so I extended the last position I had by 6 months and turned in my paperwork. I am a perfect match, this is a great opportunity, but the more and more I think about it, the more I realize this little lie could lose the deal for me!

What should I do? I lied and it was a stupid thing to do, but I'm not sure how to correct it. I might be able to contact the old company and ask them not to respond to any questions regarding my employment, or I can fess up and tell my prospective employer that I lied..."

Like the many hundreds of applicants who lie on their resumes or job applications, you're chances of doing nothing and seeing where the chips lie after the dust settles AND still getting the job are slim to none. The fact that you feel some guilt regarding this is a good thing.

You are very likely to fail an employment background check with the falsified dates. Even if your old employer agrees to not mention anything is also very likely to end up as a failed employment verification.

You should immediately contact your prospective employer. Tell them you realized you made an error on your application and that you'd like to correct it. Don't offer any further excuses, they will appreciate your honesty and likely not contemplate whether there was malicious intent behind the error or not. Good luck!

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NM Job Seekers Don't Have to Disclose Criminal Records

New Mexico Governor, Bill Richardson, became the second governor to sign into law a prohibition on criminal records disclosure.

The new law prohibits employment applications for government agencies from asking job seekers if they have been convicted of a crime. The measure covers job applications for state, county, or local government. Private businesses are not covered.

Employers may ask the question once they're face-to-face with applicants and they are still allowed to complete background checks on the candidates.

Minnesota passed a similar law in 2009. Both states took the measure to deter undue discrimination against those with a criminal past.

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How to Hire

What do you do when your best employee relocates to another city and another job? You're number one sales associate changes professions? Or your lead manager left for lunch and never returned?

In either scenario, you'll be left in a pinch. In situations such as these, impulse hiring can be tempting, replacing a valued employee can seem daunting, and rash decisions are easily made.

To keep your head on straight during this stressful period, remember a few golden rules:

1. Know the position. The better you understand the requirements of the job, the more simple it will be to pull out the most qualified candidates. Re-think the job description and make sure it truly describes the duties expected and required of the job.

2. Develop an outreach plan. Target your job market effectively by utilizing the appropriate listing services. Job seekers are online, on social networks and looking for the best position available to them. You want to collect the attention of the best job seekers so you want to advertise the position using as many outlets as possible.

3. Screen application. You should have a stack of excellent looking applications and resumes. When it comes time to narrow the playing field, you'll need to weed out anyone who isn't an immediate match. Pre-employment screening is an effective way to do this. Conduct background checks. Call references, not just those listed but check former employers as well. This last step is vital to insuring the safety of your organization.

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Real Advice about Falsifying Your Resume

Taken from the archives of "Dear Prudence" at Slate.com, Prudence offers Remorseful Job Applicant great advice:

Dear Prudie,
I've been out of work for several months and have had trouble landing interviews—I have children and really need a job. My résumé is fantastic, with excellent references, but I do not have a four-year college degree. Finally, I got desperate and edited one of my résumés to show that I had a bachelor's degree from a college I attended 30 years ago. I sent it out only once (and have since deep-sixed it). The problem is that I received an inside referral to a job with an excellent company, hit it off with everyone during the interviews, and landed the job—contingent on my passing a background check. This is where I sent my falsified résumé. I completed the background check truthfully. But now my stomach is churning and I want to call the company, tell them what happened, and resign the position. I've never done anything like this before. It may be the worst thing I've ever done in my life.
—Remorseful Job Applicant

Dear Remorseful,
Do not resign! Contact human resources immediately and tell them there's a mistake on your résumé and that it should say you attended, not graduated from, your college. Let them know the background-check form is accurate. That may take care of the problem. If your call raises questions, be succinct and truthful. Say you made this onetime mistake in a foolish attempt to improve your résumé, you regretted it the moment you did it, and whatever else happens, you are relieved to have put things right. It's much better for you to come forward first before the checkers find the discrepancy. Yes, there's a chance they won't, but that's a big risk. If they miss it, and you do get hired, every time anyone says, "Marvin, can I see you in my office?" your stomach acid will pour. If you get the job and this comes out later, it could be a firing offense. And if this is the worst thing you've ever done, take pride in having led such an exemplary life.

--Prudie

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Applying for Job? Have Winning References

Rest assured that when you apply for a job, your employment history and references will be checked. The greater the opportunity, the deeper the investigation. A good job at a visible company will scrutinize every detail of your application and history.

Including professional references for jobs such as these is an important part of the applications process. You need to be sure that the references your potential employer contacts will seal the deal for you, not make your case tougher.

Your references should be the highest quality you can provide. Here are some tips to picking and maintaining a good person for your reference,

• Keep your records up to date. Keeping up to speed with your references job title, phone number and position in the company is important. If you provide old information, the potential employer WILL find out and it will look like you haven't been in contact with the person for years.
• Maintain a relationship with your reference, for the same reasons stated above. Also, it will help your reference keep up their opinion of you if you keep in contact. Using sites like LinkedIn can be very useful for this.
• Advise your reference about important opportunities. You don't want to bother them with every offer that comes your way, but really important opportunities merit a heads up. Let them know what the company is looking for, hopefully it will brighten their reference.

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Bad Credit Makes for Terrible Prospects

While the economy is impacting everybody, there are some that are being dealt heavier blows than others. While struggling to pay overwhelming mortgage notes and all the bills that come in on a monthly basis, those hunting for jobs may find may doors shut on them due to bad credit, perpetuating a vicious cycle.

While there are no clear indicators that bad credit necessarily means you are not suited for the job, employers tend to overuse the credit report when making crucial hiring decisions. Unless the applicant will be handling money (cashiers, accountants, etc.) the credit report really has no bearing on the applicants ability.

The Fair Credit Reporting Act (FCRA) and state credit laws help to regulate how an employer can obtain and use their findings. An employer must gain your consent in writing to do a credit check and the report they receive is different than one viewed by a credit agency or an individual. Full account numbers are not revealed and they won’t see a credit score, but they will be able to see late payments, collections and bankruptcies. If you are actually denied employment because of your credit report, the company must notify you so that you may view the report on which the decision was based.

In the meantime, a House bill introduced last month would prohibit employers from using credit report details for their hiring decisions. The Equal Employment for All Act, if passed, will keep credit worthiness (with some exceptions for financial firms and government agencies) out of the employment process so that getting credit at work will make it more about performance than payments.

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Bad Credit : No Job

When Connie Hall lost her job in March and applied for a new position in accounts payable at another company, she was frustrated to discover she was denied employment due to a repossession of a car and unpaid hospitals bills on her credit report.

"I understand from their point of view," Hall says, "but the way I saw it was, just because my credit score doesn't meet your requirement's doesn't mean I wouldn't do a good job."

Maybe Hall didn't really understand the employer's point of view. Bad credit is a good indicator of responsibility, and in these economic times with so many applicants for one open position, a single blip, or in Hall's case, two blips can cause a lot of damage.

Some companies have reported up to a 25% increase in the number of applicants for one position. Employers have options now, and are turning to automated systems to make employment decisions, rating employees based on aptitude, seriousness, and of course: criminal history and credit report.

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Social Networking and Employment: Reasons to Beware

If an employers asks in your application you what your ethnicity is, religion or age they face a barrel of troubles. These questions and questions like them are grounds for discrimination lawsuits and are not appropriate to ask, and especially to act upon. No employer has the right to make a hiring decision based on the answers to questions like these.

But these questions and questions like them often do come into play when making hiring decisions. There are laws and protections designed to keep the playing field fair when it comes to job competition, but let's face it, recruiters can't help themselves. Which is why some 40% of employers turn to social networking websites like Facebook and Myspace to aid their "decision-making."

Most important, of those hiring agents that do look at the sites a huge 80% use what they find there to make hiring decisions!

Currently, there is no specific prohibition, law, or protection that says employers can't use social networking to make hiring decisions, but that doesn't mean there aren't dangers to using them.

State and federal discrimination laws do discourage using "too much information." Once you find information out, it is hard to backtrack and erase it from memory. If you discovered a serious and chronic health problem plagued your latest applicant and then denied them the job, they have grounds to questions the reason for the denial. If you can't offer one, expect a discrimination lawsuit on your hands.

Searching an applicants background without authorization is illegal, but if you're searching their Myspace profile, do they need to be made aware? There are currently no laws on the books, but people are taking notice and it's sure to become a hot topic sooner rather than later. FCRA laws do not affect it, but expect to see some action to protect applicants in the near future.

Many states prohibit discrimination against applicants behavior when off-duty.

Some Facebook or Myspace profiles are just for fun and don't really represent the person who owns them. Making judgements based on profiles on which not everything might be true, or information might be skewed is an unfair hiring practice, especially considering applicants are not typically aware they are being looked at.

When making a decision it is important to understand your applicant, but be aware of the dangers of judging their character off their profile on Facebook. The laws are not clear enough to assume you'll be safe doing so.

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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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Drunk Drivers Reveal Poor Judgement

State Representative of Madison, WI - Jeff Wood could face his third drunk driving charge since 1990. He has two prior convictions for driving under the influence of alcohol from 1990 and 1991 both in Eau Claire County. If found guilty of this latest arrest he could face up to $2,000 in fines and a year in prison. He may also face criminal charges of marijuana possession since a state trooper found 4.9 grams in his vehicle at the time of his arrest.

Many employers consider drunk driving to be an offense that bars an applicant from being hired. A DUI on a record can reveal a lapse in judgement, more than one offense seriously raises eyebrows about an applicant's good judgement.

Governor Jim Doyle of Wisconsin proposed upgrading the offense level of a third drunk driving offense to a felony. The bill didn't pass, lucky for Wood, who won't be facing such charges.

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E-Verify Deters Illegal Immigrant Applicants

Bill Ekler is the CEO of Overland Products in Fremont, NE, one of the many states that have adopted statewide EVerify laws. Soon after the ordinance came into effect, Ekler posted a notifications that Overland would be participating in the program and would determine whether prospective employees had valid Social Security numbers. The number of job applicants quickly dropped.

“It became clear that you’d better have those documents to work here,” Ekler said. “…I didn’t want undocumented workers to make my life miserable.”

That misery he is referring to is the penalties and fines employers face for hiring illegal workers. Even in those states that do not require E-Verify, the penalties apply. There are serious legal fees ranging from $250 - $11,000 per violation including possible jail time.

The penalties don't just apply to those who knowingly hire illegals, if an employer cannot prove it took the proper steps to verify their employment status and continued to employ them.

There is currently a push in Washington to implement the program on a national scale that would require all states to participate. Currently, all federal contractors must use the E-Verify program to verify the identity of their workers.

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The New Era of Obama: White House Background Checks Get Deeper

A recently released application to become a member of Obama's cabinet and administration reveals a new concept for the background check procedure at the White House. In the rapidly changing world of the Internet, many businesses (as many as 74%) do a standard Internet search on new candidates, especially those who will be filling an executive position.

Obama's application is 63 pages long. The New York Times has posted a copy at their website. It consists mostly of traditional background information, but there in addition, there are questions that have never been asked before:

"Writings: Please list, and if readily available, provide a copy of each book, article, column or publication (including but not limited to any posts or comments on blogs or other websites) you have authorized individually or with others. Please list all aliases or 'handles' you have used to communicate on the Internet."

The scope of the check is far reaching. Obama is looking specifically for information that might "suggest a conflict of interest or be a possible source of embarrassment to your family or the President Elect if it were made public..."

It is well known that people in the public eye receive an intense amount of scrutiny and any dirty laundry the media or the competition can find on them will be aired eventually. The Internet poses a specific breed of vulnerability. Every body leaves a trail on the Internet, but the anonymity is often what lures people to be more open and fresh. Obama is attempting the deepest level of character checking by looking at what people do when they feel nobody can see them.

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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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Holes in Screening Methods Lead to Vulnerability

Most companies and institutions that practice applicant background checks and doing so because they believe in creating a safe and comfortable work environment. Once a worker is hired, however, background checks for criminal activity are not routinely conducted.

Mount Anthony Union High School regularly screens employees before hiring them. Shawn R. Pratt was screened prior to his employment as a paraprofessional. Charges against Pratt for aggravated sexual assault on a child under 10 and lewd and lascivious behavior with a child are still pending. During Pratt's six year employment at Mount Anthony he racked up several misdemeanor charges including assault and marijuana posseson. His criminal history accrued while he was employed and without the school's knowledge.

The school is not required to run background checks on currently employed individuals, in fact, they are regulated against doing so by the state of Vermont. Health care institution in Vermont have that right, but there is no generally accepted procedure in place.

Joel Cook, the executive director of the Vermont chapter o the National Education Association said, "The purpose of the law is to provide school information about people they are considering hiring and keep bad actors out of the system and away from children. If you have someone in your employ and they get in trouble ... I think we believed that in small town Vermont - and all of Vermont is small towns - more than likely, you'll know about it."

Not a very efficient process for insuring the safety of the children attending Vermont schools.

It is unknown how many state's have laws such as Vermont's on the books. It might be time to reconsider the background checking process after employment.

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The Economy and the Job Market: What You Should Know

It seems like everyday I read about more and more companies laying off hundreds, if not thousands, of employees. I find myself looking a little harder at the men and women on the corner asking for change and wonder, will there soon be more?

It is safe to say that with these trying times come many hardships. Even those heavily qualified in their fields may find landing a job to be difficult. The competition is at hand, how will you stack up?

Since companies are hurting, too, corporations are looking far beyond job applications to insure they get the right person for the job. The wrong hiring decision can cost a company thousands of dollars and that is just the start. The loss of productivity in these trying times would pack an especially hard punch.

So, in addition to traditional background screening that includes a criminal background check, address trace, credit report or driving record, they are looking to surveys that convey an applicant's honesty and morality level, and even asking applicants to participate in medical exams to avoid increasing health care costs.

All the tactics to get the right person listed above are legal, but there are some employers taking too many steps and if they are not careful, could end up in hot water. Below are list of things employers should never ask as part of the job applicant screening process:

• Are you planning to have children?
• Is your child-care provider dependable?
• What prescription drugs are you currently using?
• Ever been treated for mental health problems?

Asking questions like these leaves companies open to discrimination lawsuits. When money is at stake, we all get a little more nervous, but make sure to make good, and lawful, hiring decisions and your bottom line might just weather the storm.

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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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