Robertson was working for Aerotek, a subcontractor for Miller Environmental Group, the company contracted by BP to aid in the clean-up efforts in Mississippi.  No background check was ever conducted on Robertson, only drug screening.  A background check would have revealed a long history of violence dating back to 1991, including contributing to the delinquency of a minor and cruelty to children.  In 1996 he was put on the national sex offender registry, and also received a conviction in 2003 in Georgia for cruelty to children.  He was arrested and charged with sexual battery and failure to register as a sex offender and is being held in Jackson County, MS jail on $505,000 bond. 

BP claims that they conduct full background checks on its employees and its long-term contractors but they claim that the responsibility for the background checks of short-term contractors falls into the hands of the subcontractors.  Miller Environmental Group was not required to conduct them to obtain the BP contract.   Aerotek, a staffing agency, claims they were never required to conduct background checks in order to supply workers to Miller Environmental Group.  Jackson County Sheriff Mike Byrd stated that his department would have done the background checks for free, but were never asked to do so.  Several weeks before the alleged rape took place, Sheriff Byrd met with the head of BP security, who told him they were not conducting background checks on any of the workers.  Sheriff Byrd believes this entire situation could have been prevented with a simple background check.  Approximately three weeks after this incident, Miller Environmental Group “informed Aerotek that it wanted criminal background checks conducted on current and future temporary employees assigned to the oil spill clean-up effort”, according to CNN.

Background checking contractors and subcontractors is an additional expense that companies don’t want to be burdened with, especially in our current economic climate.  Yet this is a prime example of how a few dollars (or in this case, simply time) spent on background checking your workers could save millions in bad press, litigation and loss of respect and reputation.  Even volunteer and non-profit organizations should conduct at least minimal checks for their own protection.

Many companies are intimidated by the cost of background checks, and want to spend money on what they consider “necessary expenditures”, not seemingly frivolous costs like background checks.  While many companies find it necessary to background check employees, they think nothing of hiring a subcontractor without putting them through a screening process.  The safety of your crew, your clients and your reputation should always be at the forefront of your mind. 

In addition to background checks, contractors also generally need to complete I9 verifications on their workers.  This not only verifies that they have a valid Social Security Number and the right to work in the US, but also runs their names through the Department of Homeland Security, to ensure they aren’t on any government watch lists.  A background check on a male worker, including Social Security Trace and Verification, I9 verification, National Database Search/Sex Offender Registry and County Criminal searches totals $35 per applicant on average.  BP’s pay rate for clean-up workers is $200 per day per crew member.  Running background checks on 100 workers would cost roughly $3,500.  Running background checks on the reported 10,000 oil spill clean-up workers would have cost BP and its subcontractors well under $500,000.  That cost, compared to the loss of multi-million dollar contracts and the costly litigation these companies now face seems minimal.

Subcontractors come in many forms: they could be the temp you hire for a few days, the tech person installing your computer network, the crew building an addition to your house.  All of these unknown persons will have access to you, your company, your product, computer systems, clients, workers and possibly your home.  Is it not worth the money to make sure they are up to par with your standards? And the bigger question in a situation like this, where should the responsibility lie? 

Jeff Reichert, Aerotek General Counsel stated, “We are not liable for anything that happens.  Once we deliver the people to be supervised by our client, we don’t have anything to do with them anymore.”

Miller Environmental Group has not made a public statement regarding this incident.

Robert Wise, BP Spokesman, stated, “This was not done for all contractors in this response; the responsibility lies with the employing company for their own staff.  The requirement on sub-contractors to BP’s contractors is one further step beyond BP’s scope of control.”

As this story unfolds, it would not surprise me if all three companies were found liable for this situation.  They all could have performed due diligence to ensure that Rundy Charles Robertson was not hired, not made a supervisor and not given him access to another victim.   

Sun Sentinel, a Florida newspaper, conducted a six-month investigation into the types of people hired as caregivers.  Their investigation found that known rapists, child abusers, felons and career criminals were being hired, and that many of them began working before their background checks were completed.  People with prior criminal histories could work if they obtained a state exemption that stated they were rehabilitated.  Over 8,700 people were granted extensions, including registered sex offenders and convicted murderers.

The new law bars sex offenders and career criminals from ever working as caregivers, and a state official would have to provide any exemptions.

Frequently we have clients that are in a rush to hire a new employee.  The background screening process is not (and should not be) immediate, but accurate and thorough results are usually completed within 24-72 hours.  Factors such as court holidays, remote/small counties and court clerk searches can delay some of these results, but approximately 85% of the US records are available within a reasonable time frame.  The cost of terminating an undesirable employee, beginning the re-hiring and re-training process again, the potential negative effect such a hire could have on a company and any dangerous conditions an employee could create in the workplace, are all examples of why an employer should wait for the background report before hiring anyone. 

Don’t waste everything you’ve worked so hard for by placing the wrong candidate in a position. Quality backgrounds are worth the wait. 

Former West Linn Mayor Patti Galle

West Linn’s Mayor, Patty Galle, resigned Friday after it was discovered that she lied about receiving a degree in English from a “diploma mill,” Redding University.  She claimed she received the degree in 1973, yet Redding University was not established until 2003.  Investigators have seized a receipt which shows she purchased the diploma on February 12 of this year.

A story like this brings to light some grave questions for both the people of Oregon and for employers everywhere.  How did the Mayor of West Linn get her job when she lied about her education?  How do I prevent something like this from happening within my company or organization? I did a background check, but how do I know if I did enough?

We hear these questions every day, and fraudulent degrees (and references) are a growing problem in this country.  What are diploma mills?  They are entities that sell degrees to individuals based on their “life experiences” and not based on actual academic achievements.  They require little or no actual course work to obtain a degree, and the degrees are not recognized by the US Department of Education or the Council for Higher Education Accreditation (CHEA).

Here is a list of things to be wary of:

• Any institution that offers degrees in a very short amount of time
• Any institution that places their main emphasis on life or real world experience and not exams or attendance
• Any institution that charges tuition for degrees rather than actual individual courses
• Any institution that requires little or no admission criteria

You can check a school or university’s accreditation directly with the US Department of Education and/or the Council for Higher Education Accreditation.  Be wary of institutions accredited by other associations.

At Collective Intelligence, we verify degrees directly through the institution (when available), or through a diploma verification organization, which only verifies degrees from Title IV accredited institutions.  We recommend conducting education verifications whenever a person’s education is relevant to their position and/or job responsibilities.  Although it is not necessary for every applicant (volunteers, entry level positions, drivers, etc.) it is certainly recommended for Level II and higher background screening clearances.  We assist our clients in detecting false information from applicants in all areas of the background screening process.

For more information on diploma mills, please visit the following links:

US Department of Education

Council for Higher Education Accredidation

Wikipedia maintains a list of unaccredited institutions of higher learning.  Please be advised it does not contain all diploma mill schools since new ones are being created all the time.

For more information on how we can help you with your verifications, contact our office at 800.436.1969.

Unfortunate situations like this demonstrate the importance of comprehensive pre-employment background screening of potential employees. Collective Intelligence is able to affordably check candidates’ records everywhere they have ever lived, worked or gone to school. We are able to do multiple types of searches to ensure that no past criminal charge is overlooked, so that hiring decisions can be made with complete confidence. The minimal upfront cost of a thorough background check makes up for itself in peace of mind, workplace safety for employees, and maintaining the reputation of organizations.

Read the full story here: http://www.csmonitor.com/USA/Justice/2010/0217/Amy-Bishop-case-Why-no-red-flags-were-waved-before-shooting-spree

Every time you fill out a credit application, turn on a utility, purchase property, file bankruptcy, sue someone in court, violate traffic and criminal laws, a public record is created.  Various agencies purchase this information and make it available in database form.  There are databases with just criminal records, ones with tax liens and judgment information, one with property record assessments and deeds, etc.  The companies that created these apps is disseminating the information compiled from these “public record sources”.  There are several problems with this information.  First, some people need to remain private for safety reasons.  Second, the information is frequently incorrect, outdated and unverified.  Lastly, when is enough enough?

We’re so curious in this country.  We’re a tabloid culture where everyone wants to know every last detail of other people’s lives, whether they’re entitled to it or not.  On the surface these apps may seem like a fun, harmless way to find out some information about yourself or your neighbor.  Now ask yourself, how much are you comfortable with people knowing about you?  We love to look at other people, but expect everyone else to respect our privacy.  We build fences around our properties, install alarm systems, guard our social security numbers and banking information – for a reason.  These apps grant unnecessary access into YOUR lives.  The only benefit from these apps is the bank account of its creators. 

As a private investigator, I am often hired to locate people.  I have signed multiple privacy contracts to access very private information and a violation of those contracts subjects me to a $100,000 fine and the loss of my reputation and everything I’ve worked for.  When I locate someone, I get written permission from them to pass along their contact info to the person trying to locate them.  This app (and others like it) gives stalkers complete access to people with no regard whatsoever for anyone’s safety.  I have worked several stalking cases, and the damage a situation like this can cause to an individual or family is devastating for the victims.  Apps (and companies) like this that disseminate this information so readily to anyone are negligent, harmful and inconsiderate to say the least.

These apps also do not provide an accurate or thorough background check for any employer, concerned parent or dating single as mentioned in some articles mention.  A thorough background check must include three things: First, you must have a signed authorization form AND release form from each applicant.  This informs the applicant of their rights, lets them know that a background is being conducted on them and gives the background company permission to conduct the search.  Second, a social security trace and verification – to determine all the names a person has used, all the jurisdictions they’ve lived in and verifies their correct date of birth.  Third, you search for criminal records in jurisdictions of residence, employment and education for the last seven years.  Less than 50% of US criminal records are available online, and in many jurisdictions you need to search through a court clerk and pay a court fee.  In NY, for example, the fee is $55, and no criminal records will show up for NY in a free, online search anywhere.  Information contained in databases is also frequently incomplete, incorrect and should always be subject to verification at the actual court level.   

After the background has been conducted, an applicant with derogatory information on their report is entitled to see the report and verify that the information is correct.  Identity theft is a huge problem in this country, which is why people have a right to see what information is being used against them.  We must also restrict information based on each state’s individual compliance laws, and give an applicant the right to dispute any inaccurate information.  Most importantly, if you’re going to effect someone’s employment or housing, there are laws in this country that ALL employers MUST adhere to.  A violation of these laws can subject employers to hefty fines and unnecessary litigation. 

We always ensure that all of our clients are adhering to all federal, state and local compliance laws.  It is my job as the background industry to inform my clients of their responsibilities in this area.  Our client’s safety and well-being is our number one priority.  Somewhere out there is an employer doing a free search on an applicant, with no release, not verifying any factual data about the person, and making a determination about their worthiness for a job.  That applicant could be any of you out there, and there’s a reason the federal, state and local governments have created guidelines to protect you.  It may not be a perfect system, but it was created with you in mind.  Thess apps were created for money.

Respectfully,

Erika Worth

Read the full article: http://www.starexponent.com/cse/news/opinion/op_ed/article/our_view_background_checks_must_be_thorough_or_else_/31892/

Read the full article: http://www.local12.com/news/local/story/The-Criminal-At-Your-Door/oIEoTcNZgkabPIbA_9p3MA.cspx

Read the full article: http://www.morganhilltimes.com/opinion/254425-arrest-of-teacher-signals-time-for-more-in-depth-background-checks

Read the full article: http://www.usatoday.com/news/health/2009-03-12-healthfraud12_N.htm

Read the full article: http://www.democratandchronicle.com/article/20090313/NEWS01/903130342/1002/NEWS