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The Fordyce Letter

Straight Talk for the Recruiting Profession


Articles tagged 'backgroundchecks'

Industry News, Weigh In!

Whose Fault Is It: When Does Recruiter Responsibility End

by on Jan. 11, 2011


Michael Haywood

If you’re a sports fan (okay, even if you’re not) chances are you’ve heard about the University of Pittsburgh’s newly hired head football coach, Michael Haywood, being arrested on domestic battery charges on New Year’s Eve. He was later fired by Pitt, after serving just over two weeks as the head football coach.

What you may not have heard is that the search firm responsible for finding Haywood, Parker Executive Search of Atlanta, GA, has accepted responsibility for the recommendation for Pitt to hire Haywood.

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Industry News

Newly Aggressive EEOC Sues Over Credit Checks

by on Dec. 28, 2010


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With the US beginning its fourth year of a sour economy that is taking its toll on consumer credit scores, the EEOC signaled last week that it is taking a hard look at employers who use credit checks as a screening tool.

Kaplan Higher Education Corp. was sued last Tuesday by the Equal Employment Opportunity Commission over its use of credit checks. The suit claims Kaplan denied jobs based on credit histories in such a way that it had a disparate impact on blacks.

The EEOC said Kaplan “engaged in a pattern or practice of unlawful discrimination by refusing to hire a class of black job applicants nationwide.”

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The Recruiter’s Liability for Wrongful Hiring: Injury BY the Candidate, Part 2

by on Apr. 29, 2010


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Yesterday in part 1, we discussed “traditional indirect liability,” which covered who is responsible for the wrongs of the employee on the job. Today we focus on negligent hiring and strict liability.

2. Negligent Hiring

Employers are now being constantly sued for negligent hiring. This means the act of hiring an unfit employee, who then proximately (directly) injures another, will render the employer liable. As with misrepresentation, the issue becomes whether the employer “knew or should have known” about the dangerous propensities of the candidate.

This isn’t vicarious liability — it’s direct. And yours is too. The victim can name you for your negligent “consulting.” In some states he must — you’re an “indispensable party.” The employer won’t forget it paid your five-figure fee either.

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The Recruiter’s Liability for Wrongful Hiring: Injury to the Candidate, Part 2

by on Apr. 27, 2010


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Today’s article continues with five more examples of injury TO the candidate, and tomorrow we start a 2-part series on injury BY the candidate.

3. Intentional Infliction of Emotional Distress

No negligence here — you have to show the conduct was intentional — “outrageous.” In fact, some states call the tort outrage.

It’s not difficult for courts to find this in the supervisor-subordinate relationship. Men brutalizing women, whites enslaving blacks, and survival of the fittest as the law of the jungle.

The Restatement of Torts is the model for legal analysis in this area. Its official comments specifically note that abusive conduct by supervisors is likely to be considered “outrageous.” In such cases, the resulting distress may be inferred. [Rest. of Torts 2d 46(e),(f),(j)]

Liability for recruiters is vicarious (indirect) here, unless it can be tied to misrepresentation or conspiracy (Item 1).

The candidate is placed, then the employer springs a lie-detector test, for example.

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Industry News, Uncategorized

Phony Academic Degrees

by on Oct. 23, 2009


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In its new report, “Smoke, Mirrors, and Resumes: The Growing Threat of Diploma Mills,” background screening firm EmployeeScreenIQ claims that
phony academic degrees are a “constant presence in email inboxes, and their popularity is exploding with job candidates” and feed on applicants “who will do anything to enhance their resume” in a tough hiring market.

The company tried out a test: it requested a master’s degree in economics for its president and C.O.O., Jason B. Morris. In exchange for $75, they would send a “genuine” diploma. For an extra $75, the diploma mill would verify the degree by phone or email. EmployeeScreenIQ says it received the diploma within seven days; it featured raised seals and was printed on the type of paper one would expect for an academic degree. It had the proper dates and signatures and was ready to be framed.

For the full list (and it’s extensive, including such prestigious-sounding names as International Theological University – California; Northwest Florida
University; and Northern New England University), either click here to read the school names or download the entire free report at http://www.employeescreen.com/whitepapers_articles.asp.

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Quick Refresher for Finding Top-Level Executives

by on Aug. 14, 2008


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Recruiting top-level talent is tough these days. With the current condition of the economy and companies in a state of reorganization, many potential candidates are more likely to stay where they are than to jump into a new opportunity. This trend is also a challenge for the recruiter, as convincing executives to explore new opportunities is becoming harder and harder.

While recruiters may have to adjust their strategies, there are still some basic components to successfully recruiting the right person:

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