FAQ’s

Background Check FAQ

Do you have a question about Background Checks? Scroll down below to find answers to your questions!

Employment Background Checks

Physical Exams

DOT Substance Abuse Testing

Drug Screening

For what drugs will you test?

Only for marijuana and cocaine because they are the most commonly used illegal drugs? For all illegal drugs? For alcohol? For prescription drugs which may affect work performance?

How frequently will you test?

Weekly? Monthly? Once a year?

What tests will you use and what procedures will you follow?

Who will collect the specimens? Will you use a confirmation test? What laboratory will you use? Will you use a medical review officer? How will you protect the employees’ privacy and confidentiality?

What will you do if an applicant tests positive?

Refuse to hire? Tell the applicant why you are not hiring him or her? Allow the applicant to be retested? Allow the applicant to reapply after six months?

What will you do if an employee tests positive?

Fire all employees who test positive? Refer employees to counseling and treatment after the first positive but fire after the second? Allow employees more than one chance to become drug-free before firing?

When will you test?

After all accidents? Only after some accidents? When performance becomes unacceptable? When an employee behaves abnormally? On a random basis? As part of a physical examination?

Workplace Sexual Harrassment

Can an employee be personally liable for harassment?

Yes, effective January 1, 2001, an employee is personally liable for any harassment prohibited by the California Fair Employment and Housing Act that is perpetrated by the employee, regardless of whether the employer knows or should have known of the conduct and fails to take immediate and appropriate corrective action.

How can an employee make sure that his or her conduct is appropriate at all times?

Avoid behavior that demeans, degrades, abuses or shows disrespect to any individual. Recognize that the same remarks or gestures that seem acceptable to some people may be embarrassing or offensive to or unwanted by others.

Consider how you would react if the same behavior were directed toward your spouse or family member. Ask yourself whether you would act the same way in front of your spouse, significant other, or child. Furthermore, ask yourself how you would feel if your behavior were captured on video, reported in a newspaper, or featured on the nightly news.

How does one know if an offensive conduct or harassing behavior has created a hostile work environment?

Harassment must be viewed in its totality. Mere discourtesy, rudeness or lack of sensitivity should not be confused with harassment. The harassing behavior must be sufficiently severe or pervasive so as to alter the conditions of employment and create an abusive working environment. The more severe the conduct, the less pervasive it must be. The required showing of severity varies inversely with the frequency of the conduct. A single incident, simple teasing, off-hand comments or isolated instances of offensive sexual conduct or remarks generally will not be sufficient to create a hostile work environment. A hostile environment claim generally requires a showing of a pattern of offensive conduct. However, a single severe incident of harassment can be a violation of the law, particularly when the harassment is physical or quid pro quo.

What are some examples of workplace harassment?

Verbal

Sexual innuendoes and other suggestive comments; racial or ethnic slurs; humor, jokes or teasing about sex, race, age, religion, disability or gender-specific traits; repeated requests for dates; sexual advances or propositions; comments about a person’s body, dress, excessive flattery or questioning of a personal nature; abusive language or insults; or threats.

Visual or Non-Verbal

Leering or staring in a sexual manner; whistling or hooting; suggestive or insulting looks; vulgar sounds or gestures; offensive or hateful pictures, posters, calendars, cartoons or obscene e-mail; excessive attention in the form of love letters or gifts; or offensive or derogatory written materials.

Physical

Inappropriate touching of the body (e.g., brushing, patting, hugging, pinching or shoulder rubs); kissing or inappropriate display of body parts; coerced acts of a sexual nature; physically blocking another individual’s movement, assault; exclusionary or demeaning actions or activities based on age, ethnicity, sex or race.

What are the obligations of the employer in preventing harassment in the workplace?

The employer must take all reasonable steps to prevent discrimination and harassment from occurring.  If harassment does occur, the employer must take immediate and effective steps to stop further harassment and correct any effects of the harassment.

The employer must develop and implement a harassment preventive policy. The policy should describe the types of prohibited behavior, provide complaint procedures to follow, explain the investigation process, provide assurance that prompt and effective corrective action will be taken, and ensure that there will be no retaliation for either filing a complaint or for participating in an investigation. The employer must also educate its employees as to the kind of behavior that is to be avoided. The employer should tell employees that it is against company policy and against the law to harass another person in the workplace.

The employer must have an effective mechanism to prevent and promptly correct any sexual or other harassing behavior. With the passage of AB 1825, effective January 1, 2006, all California employers with 50 or more employees are required by law to provide two hours of harassment training every two years for their managers and supervisors. All newly hired supervisors or individuals promoted into a supervisory role must be trained within six months of becoming a supervisor. Training must be at least two hours and must be interactive.

The employer must post the DFEH employment poster in the workplace.The employer must distribute an information sheet on sexual harassment to all employees.  The employer may use the DFEH-Publication 185 pamphlet or develop an equivalent document. 

What can happen if a supervisor does not take the employee's complaint of harassment seriously?

A supervisor places the company in jeopardy. Ignoring the problem may be construed as an admission that the company intentionally failed to act. Supervisors should take any comments or statements of harassment seriously, no matter how casual, and report the incident to management so that a prompt and thorough investigation can be conducted.

What can the employer do about a complaint of harassment that occurred after work and away from company premises?

Generally, the company should not intrude or become involved with the private lives of employees. However, supervisors may be viewed as company representatives when off the job, depending upon the circumstances. If there is a report or complaint of supervisory harassment, the company should look into the matter and ascertain if the employee’s outside activity has a nexus to the workplace or a harmful effect on the employer’s operation.

What happens after the employee has reported harassment?

Each report of harassment will be evaluated on an individual basis. Management will need the employee’s full cooperation to thoroughly review and investigate the problem. Throughout the process, confidential or sensitive information will be shared only with those who have a need to know. After the investigation, an employee who is found to be in violation of the company’s policy on harassment will be subject to appropriate corrective action, up to and including termination. Management will advise the employee who has been harassed of the results of the investigation. Retaliation against any employee who reports a problem or files a complaint of harassment, or anyone who participates in the investigation will not be tolerated.

What if a supervisor is harassing the employee?

The employee is not required to report harassment to a supervisor who has engaged in harassment against the employee or who is a close associate of the person who has engaged in the harassment. In this situation, the employee should report the problem directly to human resources or a member of management to handle the problem.

What is 'hostile work environment' sexual harassment?

“Hostile environment” harassment occurs when an employee is subjected to unwelcome or unwanted sexual conduct that is sufficiently pervasive or severe to alter the terms or conditions of the employee’s employment,  such conduct unreasonably interferes with an employee’s work performance or creates an abusive, intimidating, offensive or hostile work environment.  A manager, supervisor, co-worker, or even a non-employee such as a vendor, customer or third party can create a hostile environment.

What is 'quid pro quo' sexual harassment?

“Quid pro quo” (this for that) harassment occurs when an employee is offered some job benefit such as promotion, pay raise, etc., in return for sexual favors or is subjected to some adverse action because of a refusal to submit to a request for sexual favors.

What is sexual harassment?

Sexual harassment is a form of sex discrimination that involves unwanted or unwelcome conduct of a sexual nature. This applies to harassment by a person against another person of the opposite sex as well as harassment by a person against another person of the same sex. The California Fair Employment and Housing Act defines sexual harassment as “harassment based on sex or of a sexual nature; gender harassment and harassment based on pregnancy, childbirth, or related medical conditions,” and includes many forms of offensive behavior.

What is the employer's liability if it fails to deal with a harassment problem in the workplace?

The employer is responsible for the harassing conduct of its managers and supervisors in “quid pro quo” and “hostile environment” situations. The employer can also be liable for harassment of an employee by co-workers and even of non-employees, if the employer knew or should have known about the harassment and failed to take immediate and appropriate action. The employer must treat all complaints seriously, investigate them thoroughly, and document its efforts completely.

What is workplace harassment?

Workplace harassment is any unwelcome or unwanted conduct that denigrates or shows hostility or an aversion toward another person on the basis of any characteristic protected by law, which includes  an individual's race, color, gender, ethnic or national origin, age, religion, disability, marital status, sexual orientation, gender identity, or other personal characteristic protected by law. A conduct is unwelcome if the employee did not solicit, instigate or provoke it, and the employee regarded the conduct as undesirable or offensive.

What must the employer do when there is a harassment problem in the workplace?

The employer must conduct an immediate and thorough investigation, followed by an appropriate remedy to correct the problem. This includes disciplining or terminating the harassing employee. If the individual doing the harassing is not an employee, the employer must address the problem directly with that individual and/or organization that he/she represents, and insure the conduct is stopped immediately. The employer’s response must be reasonably calculated to end the harassment and prevent it from happening again.

What should an employee do if he or she is harassed by another person at work?

Often, the most effective method to put an end to harassment is to tell the person to stop. Let the person know the action is unwelcome. Be direct and say something like “I’d like to keep our relationship strictly professional” or “I think ethnic jokes are offensive, so please do not tell them in my presence.” Ignoring the situation will not make it go away. If the direct approach does not solve the problem, then report the situation to a supervisor, a human resources representative or a member of management.

When does harassment occur?

Harassment occurs when an employer creates, condones or permits a hostile, intimidating or offensive work environment. That may include discriminatory treatment and/or retaliation for filing a complaint or participating in an investigation.

Why is harassment illegal?

Workplace harassment is a violation of Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the Americans with Disabilities Act,  and the California Fair Employment & Housing Act.  Both the federal and state laws impose liability on employers for failing to remedy or prevent a hostile or offensive work environment of which management knew or should have known about the workplace harassment.

International Records

Do you always complete your international employment verifications?

Unfortunately, some verifications cannot be completed. Employers may not respond to verification requests for a variety of internal reasons. In addition, records may have been lost or destroyed. Political or social upheavals or natural disasters may make verification in an area problematic. World political events can make verifications in a country impossible, even if prior verifications were not a challenge.

Do you charge full price if you are unable to complete your international employment verification?

Yes. We are unable to control the outcome of our lengthy and concerted efforts, as we are totally dependent on the cooperation of an overseas employer or academic institution. However, we have still incurred very high costs for a very reasonably priced product. In fact, “no hit” verifications are more work and more costly than completed verifications.

If I give you all of the contact information for the employer or the academic institution overseas, couldn't I just do the international verification myself?

Sure, but you may not want to do an international verification more than once. Most of these verifications require multiple outgoing and incoming telephone calls, often in the middle of the night due to time zone differences, returning voice mail messages, at least one or more faxes, and so on. We take care of all of this for you at flat fee. On occasion, translations, employer or in-country agent charges for difficult searches may apply. You will be notified when this occurs.

Why can't I just accept a copy of an employer's reference letter or copy of a Diploma supplied from an applicant as proof of their proof of their credentials?

Any document can be forged with a computer. We see them all the time. The only way to be sure that someone has the employment credentials they claim is to get a confirmation from the employer directly.  In some instances the foreign companies or institutions submitted never existed.

Why do some international verifications take so long as compared to the US?

In most cases delivery is made within 5-10 business days. Some causes for delays outside our control are holidays, war, civil unrest, strikes, records are old, poorly organized or archived, a signed release is required, a response will only be made by regular mail, employer relocates and is difficult to find, etc.  In some cases it is determined the organization has gone out of business or has been acquired by another.

Why do you need so much information for international verifications?

Filing methods for degree information may differ by country or even by province. Some languages, such Japanese and Hebrew, may have two or more correct spellings for a name when it is translated from the native tongue to English. Since telephone systems and telephone numbers change over time, we are more likely to be able to locate a school’s telephone number if we have the school’s address and vice-versa. Also, some schools require verification requests be submitted by mail; giving us the school’s address in the application will speed up this process. Schools may file their information several different ways- by name, by date of graduation and then by name, by student identification number, or seat number. The more information we are given, the faster we will be able to complete your verification request.

Employment Eligibility / Form I-9 / E-Verify

An employer required to complete a Form I-9 for everyone who applies for a job?

No. An employer must complete a Form I-9 for every individual actually hired. For purpose of this law, a person is “hired” when he or she begins to work for the employer.

Reference: Employer Information Bulletin 102, (page 2), The i9 Process: General, dated 3/16/05 entitled: The I-9 Process in a Nutshell, Office of Business Liaison, U.S. Department of Homeland Security, Citizenship and Immigration Services www.uscis.gov.

Are employers responsible for completing a Form I-9 for citizens and nationals of the United States?

Yes. While citizens and nationals of the United States are automatically eligible for employment, they too must present the required documents and complete Form I-9.

Reference: Form i9 Instructions, Section 1-Employee, (Rev. 05/31/05) and Title 8, Immigration and Nationality Act, Section 274A 1(B)(i).

Can an employer accept an expired driver's license to establish a new hire's identity for Form I-9 purposes?

Yes. However, a driver's license can only be used to establish a new hire's identity for Form I-9 purposes (not authorization to work). It is one of a number of List B documents that only establishes identity for I-9 purposes.

Reference: Employer Information Bulletin 102, (page 5), Section 2: Employer Review and Verification, dated 3/16/05 entitled: The i9 Process in a Nutshell, Office of Business Liaison, U.S. Department of Homeland Security, Citizenship and Immigration Services www.uscis.gov.

Can an employer accept an expired United States passport to establish a new hire's identity and authorization to work?

Yes. An expired United States passport establishes both who the holder is, i.e., his/her identity, and that he/she is a United States citizen and therefore authorized to work in the United States.

Reference: Handbook for Employers, Instructions for Completing Form i9, (M-274), (page 14), dated 11/21/1991 wherein it states that "You may accept an expired United States Passport [for I-9 purposes]." This means that there is no reason to re-verify the i9 Form when the passport expires.

Can an employer accept as evidence of employment eligibility a Social Security card that has been laminated?

No. Lamination of such cards renders the document invalid.

Reference: Handbook for Employers, Instructions for Completing Form i9, M-274, Document List C (page 29).

Can Form i9 Compliance, LLC assist my organization in verifying the 'right to work' status of my newly hired employees?

Yes, and the benefits are significant. Form i9 Advantage will help take all of the guesswork out of the employment verification process. Our computerized process uses an automated error-detecting electronic Form i9 that virtually eliminates errors, omissions and technical discrepancies. Social Security, immigration “A” and I-94 numbers are verified through the Social Security Administration (SSA) and Department of Homeland Security (DHS). The process is quick, easy to use, and most importantly, it is accurate.

Does an employer have to reverify the employment eligibility of an employee whose permanent resident card has expired?

No. On August 1, 1989, Immigration and Naturalization Service (INS) began issuing a revised Resident Alien Card, Form I-551, to new permanent resident aliens. The I-551 is a List A document because it establishes both identity and employment eligibility. The card will also contain an expiration date, making the card valid for 10-years from the date of issuance. The applicant will then be required to obtain a new card. However, because employment authorization is unlimited for I-551 holders, there will be no need to update the i9.

Reference: Employer Information Bulletin 102, page 5, Source of Confusion (#4), dated 3/16/05 entitled: The i9 Process in a Nutshell, Office of Business Liaison, U.S. Department of Homeland Security, Citizenship and Immigration Services at http://www.uscis.gov.

Does an employer need to complete a Form I-9 for an Independent Contractor or its' employees?

No.

Reference: Handbook for Employers, Instructions for Completing Form i9, M-274 (page 12) Part Seven, Question 5 and Title 8, Code of Federal Regulations, Section 274a.1(j) and 274a.5.

Has the Department of Homeland Security authorized the use of an electronic Form I-9?

Yes. On September 28, 2004, President Bush authorized the use of an electronic Form I-9 and signature when he signed H.R. 4603. The Department of Homeland Security (DHS) issued guidance and interim guidelines for making use of these electronic applications on April 29, 2005, the date the above law became effective.

Reference: U.S. Immigration and Customs Enforcement website at http://uscis.gov/graphics/index.htm

How long must I keep I-9 Forms on file?

An employer must retain the original Form I-9 for each employee either for three (3) years after the date of hire, or one (1) year after employment is terminated, whichever is later. All current employees hired after November 6, 1986 must have I-9 Forms on file with the employer for the full term of their employment, plus the applicable retention period cited above.

Examples Determining Retention Calculation dates for:

(A) Employee hired on 11/01/93 and terminated on 07/05/94
(B) Employee hired on 03/27/99 and terminated on 05/19/03

Step 1: Identify hire date and add 3 years = [timeframe A]

11/01/93 + 3 years = 11/01/96
03/27/99 + 3 years = 03/27/02

Step 2: Identify termination date and add 1 year = [timeframe B]

07/05/94 + 1 year = 07/05/95
05/19/03 + 1 year = 05/19/04

Step 3: Compare date [A] and [B]

Compare 11/01/96 and 07/05/95
Compare 03/27/02 and 05/19/04

Step 4: Determine the later timeframe [A] or [B] in each case.

The later of the two timeframes becomes the retention date for the corresponding Form i9. Results:

11/01/96 is later than 07/05/95, so 11/01/96 is the retention date for this terminated employee’s Form i9.

05/19/04 is later than 03/27/02, so 01/19/04 is the retention date for this terminated employee’s Form i9.

Reference: Handbook for Employers, Instruction for Completing Form i9, M-274 (page 2) and Title 8, Code of Federal Regulations, Section 274a. 2(b)(2) Retention and Inspection of Form i9.

If an employee is a non citizen and provides an Alien Number (Section 1 of Form I-9) but not a supporting immigration document, can the employer request to see the employee's immigration document(s)?

No. However, if the employee presents a Social Security card with a legend “VALID FOR WORK ONLY WITH DHS AUTHORIZATION,” the employer can then ask to see the employee’s immigration work authorization document.

Reference: Handbook for Employers, M-274, Part Seven (page 13) Question 10.

If an employer believes a new hire is an undocumented alien, can he or she ask the person to produce a Green Card when filling out the I-9 Form?

No. As the Instructions attached to the I-9 Form (rev. 5-31-05) state, "Employers CANNOT specify which document(s) they will accept from an employee."

Reference: This statement is repeated in the instructions accompanying the I-9 Form (OMB No. 1115-0136) and Handbook for Employers, Instructions for Completing Form i9, M-274 (page 3) (Part 3, Section 2).

If someone accepts a job with an employer, but will not start work for a month or longer, can the employer complete a Form I-9 when the employee accepts the job?

Yes. The law requires that an employer complete Form I-9 when a person begins working. However, the employer may complete the form earlier, so long as it completes the form at the same point in the employment process for all employees.

Reference: Handbook for Employers, M-274, Instructions for Completing Form I-9 (page 3) Part Three, How to complete the Form i9.

Must I keep on file a Form I-9 for every current employee?

Yes. The Form I-9 was developed for the purpose of verifying that individuals are legally eligible to work in the United States. Employers are required to complete a Form I-9 for every individual hired after November 6, 1986. (See Question #8 for rules regarding rehired employees.)

Reference: Handbook for Employers, Instructions for Completing Form I-9, (page 1) and Title 8, Code of Federal Regulations, Section 274a2(b) Employment Verification Requirements.

Should I keep I-9 Forms in personnel files?

There is no rule or regulation mandating where I-9 Forms must be retained. Generally, it is considered a “best practice” to keep I-9 Forms separate from other personnel/HR records for several reasons. First, if you receive notice of an I-9 audit, you will not want to waste time searching for I-9 Forms in your personnel files. Secondly, keeping your I-9 Forms separated from other records makes it easier to conduct periodic self-audits of your compliance status. Finally, since The Department of Homeland Security (DHS), the Department of Labor (DOL) and Office of Special Counsel (OSC) can review the forms, it makes it easier for these audits to be conducted without undue intrusion into your personnel/HR records.

Should I make photocopies of documents the employee presents?

Generally, it is not recommended that you make photocopies of Form i9 supporting documents. An employer may do so if they so choose. If such a copy is made, it must be retained with the Form i9. The copying of any such supporting documentation and retention of the copies does not relieve the employer from the requirement to fully complete Section 2 of the Form i9. If employers choose to keep copies of Form i9 documentation, then such retention must apply to all employees, and the copies should be attached to the related i9 Forms. If an employer implements a policy of copying i9 related employee documents, it must ensure that it follows this practice for all employees and not solely for individuals of certain national origin or citizenship status. To do so may constitute unlawful discrimination under Section 274B of the Immigration and Nationality Act.

Reference: Employer Information Bulletin 102, (page 7), dated 3/16/05 entitled: The i9 Process in a Nutshell, Copying of Documentation, Office of Business Liaison, U.S. Department of Homeland Security, Citizenship and Immigration Services http://www.uscis.gov.

What are my obligations in determining whether a document is genuine?

The law does not require you to be an expert regarding the authenticity of documents of identity and work authorization offered as part of the Form i9 process. Instead, the law states that you must apply a "reasonably prudent person" test and determine whether the document presented "reasonably" appears to be genuine, relates to the individual, and authorizes employment.

Reference: Title 8, Code of Federal Regulations, Section 274a 2(b)(ii)(A) and Handbook for Employers, Instructions for Completing Form I-9, M-274, (page 7) Part Three- How to Complete Form i9.

What are the penalties for Form I-9 deficiencies?

Employers who fail to properly complete, retain, and/or present I-9 Forms for inspection as required by law may be subject to a civil penalty for violations occurring on or after September 29, 1999 from $110-$1,100 per employee whose Form I-9 is not properly completed, retained, and/or presented. For Form I-9 violations occurring before September 29, 1999, civil penalties range from $100-$1,000. Unlike the substantive violations of “knowingly hiring” or “knowingly continuing to employ”, paperwork violations do not increase for repeat offenses. On the other hand, an employer that entirely ignores the Form I-9 process could be subject to pattern or practice liability, which might result in a fine of up to $10,000 and/or a six-month prison sentence. Although the Department of Homeland Security (DHS) proposes a penalty by issuing a Notice of Intent to Fine, the employer has the right to a hearing before an Administrative Law Judge (ALJ), who ultimately sets the penalty. The ALJ may ignore the fine proposed by the DHS and make a separate determination of what fine is appropriate. In doing so, the ALJ will consider the following factors: (1) size of the employer's business; (2) “good faith” demonstrated by the employer; (3) seriousness of the violation; (4) whether the employer should have known that the employment was unauthorized; and (5) past history of IRCA violations.

Reference: Employer Information Bulletin 111, (page 2), Failure to Comply with Form i9 Requirements, dated 3/16/05 entitled: Employer Sanctions, Office of Business Liaison, U.S. Department of Homeland Security, Citizenship and Immigration Services at http:// www.uscis.gov.

What do I do if an individual doesn't have the required document(s)?

You will find that most eligible candidates have a valid List B identity document, or can obtain one relatively quickly. This is not always the case for employment authorizing documents in Lists A and C. The law permits you to accept a receipt for an application to replace an employment authorization document. The receipt authorizes employment for 90 calendar days, at which point the employee must produce the original document. You should record the receipt number in Section 2 and show an expiration date 90 days from the date the receipt is presented to you. Remember to re-verify employment eligibility and complete Section 3 of the form at the end of the 90-day grace period.

Reference: Handbook for Employers, Instructions for Completing Form i9, M-274 (page 4) Re-verifying Employment Authorization for Current Employees and Employer Information Bulletin 102, page 2, Receipt Rule, dated 3/16/05 entitled: The i9 Process in a Nutshell, Office of Business Liaison, U.S. Department of Homeland Security, Citizenship and Immigration Services at http://www.uscis.gov.

What is document abuse discrimination?

Requiring employees to present any specific document(s);

Requiring employees to present more documents than are minimally necessary to establish identity and employment eligibility;

Refusing to accept a document that reasonably appears to be genuine on its face. Collectively, these prohibitions are referred to as the “document abuse discrimination provisions.” Enforcement of this section of the law lies with the Department of Justice's Office of Special Counsel for Immigration-Related Unfair Employment Practices. The penalties for document abuse discrimination are similar to the penalties for improper Form I-9 completion. The best way to avoid document abuse discrimination is to:

Let the employee choose what document(s) to present;

Never require more documents than minimally necessary to establish identity and employment authorization;

Never reject a document that reasonably appears to be genuine and to relate to the individual.

Reference: Handbook for Employers, Instructions for Completing Form i9, M-274 (page 2) New Anti-Discrimination Provision.

What is the current version of the Form I-9?

The current version of Form I-9bears a revision date of Form I-9 03/08/13 N in the lower left hand corner of each page of the I-9 Form.

Reference: Handbook for Employers, Instructions for Completing Form i9, M-274.

What is the Form I-9 list of acceptable documents that establish identity and work eligibility?

The following is the list of acceptable documents for Form I-9 purposes:

List A -

Documents that Establish Both Identity and Employment Eligibility
U.S. Passport (unexpired or expired)

Unexpired foreign passport, with I-551 stamp or attached INS Form I-94 indicating unexpired employment authorization

Alien Registration Receipt Card with photograph (INS Form I-151 or I-551)

Unexpired Temporary Resident Card (INS Form I-688)

Unexpired Employment Authorization Card (INS Form I-688A)

Unexpired Employment Authorization Document issued by the INS which contains a photograph (INS Form I-688B)

Unexpired Employment Authorization Document (INS Form I-766)

List B -

Documents that Establish Identity

Driver's license or ID card issued by a state or outlying possession of the United States provided it contains a photograph or information such as name, date of birth, sex, height, eye color, and address

ID card issued by federal, state or local government agencies or entities provided it contains a photograph or information such as name, date of birth, sex, height, eye color, and address

School ID card with a photograph

Voter's registration card

U.S. Military card or draft record

Military dependent's ID card

U.S. Coast Guard Merchant Mariner Card

Native American tribal document

Driver's license issued by a Canadian government authority

For persons under age 18 who are unable to present a List B document listed above:

School record or report card

Clinic, doctor, or hospital record

Day-care or nursery school record

List C -

Documents that Establish Employment Eligibility

U.S. Social Security Card issued by the Social Security Administration (other than a card stating it is not valid for employment)

Certification of Birth Abroad issued by the Department of State (Form FS-545 or Form DS-1350)

Original or certified copy of a birth certificate issued by a state, county, municipal authority or outlying possession of the United States bearing an official seal

Native American tribal document

U.S. Citizen ID Card (INS Form I-197)

ID Card for use of Resident Citizen in the United States (INS Form I-179)

Unexpired employment authorization document issued by the INS (other than those listed under List A)

Reference: Employer Information Bulletin 102, (page 2), Receipt Rule, dated 3/16/05 entitled: i9 Process in a Nutshell, Office of Business Liaison, U.S. Department of Homeland Security, Citizenship and Immigration Services at http://www.uscis.gov.

What should I do about the Form I-9 when I rehire an individual?

Rehires are an exception to the general rule related to completing an I-9 Form for every person you hire. In the case of rehires, if the original I-9 Form is less than three years old, you can simply ask the rehire to confirm that the information on the I-9 Form is still accurate. If so, you should put the rehire date in Section 3 of the I-9 Form and sign and date that portion of the form. If the original I-9 Form is more than three years old, or if no form was obtained or retained previously, then you must complete a new I-9 Form.

Reference: Handbook for Employers, Instructions for Completing Form i9, M-274 (page 4) Re-verifying or Updating Employment Authorization for Rehired Employees.

When filling out the I-9 Form, can an employer accept a Social Security card from an alien as proof of work authorization?

Yes. If the Social Security card does NOT have a statement on it which says “NOT VALID FOR EMPLOYMENT,” it should be accepted as proof of employment eligibility. Such an unrestricted Social Security card is clearly listed on the back of Form I-9 as a List C acceptable document under List C. The Social Security Administration (SSA) issues the following cards:

The card most people possess shows only name and Social Security number and allows individuals to work without restriction. SSA issues it to U.S. citizens or people lawfully admitted to the U.S. for permanent residency.

A second type of card bears the legend, "NOT VALID FOR EMPLOYMENT." SSA issues this document to people from other countries lawfully admitted to the U.S. without work authorization from the INS and who need a Social Security number to obtain a benefit or service.

A third type of card bears the legend, "VALID FOR WORK ONLY WITH INS AUTHORIZATION." SSA issues this document to people lawfully admitted to the U.S. on a temporary basis and with Department of Homeland Security (DHS) authorization to work.

Reference: Handbook for Employers, Instructions for Completing Form i9, M-274, List of Acceptable Documents, List C.

Why must United States citizens fill out I-9 Forms?

It is the law. The I-9 Form is designed to determine who is authorized to work in the United States. Its purpose is not to determine who is, and is not a citizen. While all citizens are authorized to work in the United States, it is not always easy to recognize who is, and is not a citizen. We are a diverse people drawing our heritage from every country in the world. Employers cannot simply look at new hires and determine, "who needs to complete a Form I-9, and who doesn’t." For this process to be effective, everyone must complete a Form I-9.

Reference: Form i9 Instructions, Section 1-Employee, dated 11/21/91, Title 8, Immigration and Nationality Act, Section 274A1(B)(i).

Integrity Assessment

Are web assessments secure?

Yes. The administrator of the test has to enter a Company ID Number and a Password along with the applicant’s assessment number in order to view the report.

Can I order HireSafe MultiPanel assessments in paper and pencil format?

We don’t market printed forms. Since we make the HireSafe MultiPanel available by both the Internet and Telephone, it is universally accessible. Because the assessments are modular, the panel question sets will vary from one assessment to another. Applicants can call the 800 number to take an assessment (either from a controlled environment or from their home) and the results will still be available over the Web. We can allow clients to create a printed form if there is a compelling business need.

Have these assessments been validated?

Each panel has been individually validated. A copy of the Validation Report is available.

How accurate are your assessments?

Very accurate. For instance, our negative indicator panels (which measure tendencies towards drug use, violence, risk taking, theft, etc) have been validated as being predictive with 94% accuracy (+ or - 6%).

How do I know which panels to select?

For Pre-Employment Screening purposes the full 16-Panel is recommended. This will give you a complete assessment of your applicant in both the Positive and Negative indicators. For existing employees, we strongly recommend ONLY the 8 Positive panels for coaching purposes.

How long does it take to get the results of an assessment back?

Results are available as soon as an assessment is completed.

Is the HireSafe MultiPanel a personality assessment?

No. Because of potential legal and EEOC compliance problems with personality based assessments in the pre-employment arena, HireSafe does not offer any personality based assessments and doesn’t use any personality assessment values. The HireSafe MultiPanel is an overt integrity assessment.

What are Custom Screening panels?

Custom Screening panels provide for us adding prescreening question sets (panels) into our Web/IVR delivery engine. For example, the client may request 5 additional questions to identify previous retail sales experience, willingness to work nights and weekends, etc. Each additional question set would be a Custom Screening panel.

What are the benefits of using the HireSafe MultiPanel as a pre employment instrument?

The results of a 1995 validation study indicated:

  • 66% fewer workers’ compensation claims (hurt on the job) 21% fewer dollars in incurred workers’ compensation cost
  • A reduction in absenteeism behavior/no call-no shows
  • 21% fewer customer complaints
  • 100% fewer emotional-violent acts in the workplace
  • 100% fewer direct theft related behaviors
  • Fewer disruptive diversity issues among different race cultures
  • This instrument also presented no adverse impact on protected minority applicants
What is an overt integrity assessment?

Overt integrity assessments measure workplace beliefs, attitudes and values, and are predictive of specific behaviors in the workplace. Questions are workplace-oriented and could be asked by any hiring authority.

What is 'Norming'?

“Norming” is the process of adjusting the scales to fit with a specific industry norm. A “normed” assessment would no longer meet the validation criteria, but it would apply only to the Client or industry for which it was designed. As an example, a car dealership wanted an assessment for its sales people. Testing indicated that the standard retail assessment did not fit their need. We adjusted the scales to reflect the strengths and weaknesses they identified for car sales people. We now have an automotive sales assessment that has been normed to one dealership. Before we introduce it to the automotive industry in general, we will do a validation study. Until it is validated, it has only been “normed” for the individual dealership.

What is Profiling?

Profiling a position consists of using the validated assessment to identify the strengths and weaknesses of a company’s most successful and least successful employees. Once a given position has been Profiled, the validated assessment panels can be used to identify applicants that fit the “Success Profile” This process requires certain safeguards to prevent violation of EEOC/ADA laws and policies.

What panels do you offer?

We offer 16 fully modular panels. They are:

Positive Indicators

  • Assertiveness
  • Influencing Others
  • Dependability
  • Attention to Detail (Gestalt)
  • Work Pace (Kinesthetic)
  • Attitude towards Customer Service
  • Energy
  • Attitude towards Supervisor

Negative Indicators (Counterproductive Behaviors)

  • Theft/Honesty
  • Drug Avoidance
  • Violence/Emotion
  • Diversity
  • Risk/Safety
  • Tenure
  • Supervisor/Customer Views
  • Values/Dependability
What type of employees is the HireSafe MultiPanel designed to screen?

Generally speaking, the eight negative indicators of the HireSafe MultiPanel are designed for entry level and hourly positions and supervisors. The eight positive indicators of the HireSafe MultiPanel are effective at any level of the organization, including sales and management.

Why do my reports show more panels than I selected?

There are two panels that are automatically included in the assessments (one for the positive indicators and one for the negative indicators) that offer an indication of distortion. The number of panels listed for each assessment includes these additional panels. Depending on the panels selected, one or two of the Distortion panels are automatically added. We do not charge for the Distortion panels.

Why do some of the bar graphs seem to be backwards from others?

The “InSights” panels are the negative indicators. The positive indicators are listed as “General”. General panels are scored based on the percentage of answers in a given panel. The InSights panels are evaluated based on a mean score. Applicants should score at or below the InSights mean. That is why the bar graph registers differently for each set.

Why do some reports have 'Coaching Ideas' and others don't?

“Coaching Ideas” are relative to only the Positive Indicators. The Negative indicators offer “Caution Statements” when applicable and the Positive Indicators offer “Coaching Ideas”.

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