Bringing Background to the Foreground

PRESENTED BY:MICHELLE PYAN MBA

LICENSED PRIVATE INVESTIGATORPRESIDENT

COMMERCIAL INVESTIGATIONS LLC

BRINGING BACKGROUND TO THE FOREGROUND

AUGUST 29, 2011

CASE STUDY:ROBERT M NELSON

• Scientist• NASA v Nelson

– January 19 2011– US Supreme Court


Please Text Questions and Comments to 518-470-6813.Please Text Questions and Comments to 518-470-6813.


• Quandaries– Do you implement

Questionnaires for prospective employees?

– Do you inquire about illegal drug treatment?

– How do you handle background investigations on contract employees?

• Implications– Confirms use of open

ended questions in background investigations

– Questions about drug treatment are constitutional

– Questions to third parties are constitutional because they are appropriate and pervasive










• Hindsight is 20 / 20– Cyber Investigation

– Origin

– Criminal – County, Statewide, Federal

– Motor Vehicle

– Civil – County and Federal

– Education

– Employment

– References

– Credit Report



CASE STUDY:ROBERT E BOHNE



• Deceased• Enviroclean v Bohne

– October 26 2007– Court of Appeals Fifth

District of Texas at Dallas


• Quandaries– Would random drug

testing protect your business from such liability?

– Should you implement a questionnaire asking about drug treatment?

– Do you have adequate insurance coverage to recover from such a case?

• Implications– Background

Investigations are a necessary component of being in business

– Drug testing is allowed for any business and a necessary component in most industries



• Hindsight is 20 / 20– Drug Test– Motor Vehicle– Origin– Criminal – County, Statewide, Federal




CASE STUDY:MICHAEL VICK

• NFL Player• Plead Guilty to Felony

Dog Fighting Charges




• Quandaries– Is a previous criminal

conviction a permanent indicator of character?

• Implications– NFL Commission Had

to Allow Vick to Return to the NFL



• Hindsight is 20 / 20– Origin– Criminal – County, Statewide, Federal– Drug Test




CASE STUDY:JIM THORPE

• Professional Golfer• Plead guilty in

September 2009 to failure to pay $1.6 million in taxes




• Quandaries– How will you react to

your employees actions while employed by your organization?

• Implications– What do you know

about your independent contractors?



• Hindsight is 20 / 20– Origin– Credit Report– Criminal – County, Statewide, Federal– Civil – County and Federal– Cyber Investigation




CASE STUDY:REX RYAN

• NY Jets Coach• Loves his wife’s feet



CASE STUDY:REX RYAN

• Quandaries– How do you handle

the press?– What if you knew this

from a background investigations report reference? How would it affect your hiring decision?

• Implications– Employees actions

outside of work can affect your organization

– Personal lives are personal




CASE STUDY:REX RYAN



CASE STUDY:MIKE HAYWOOD

• University of Pittsburgh Football Coach

• Charged with a felony (domestic violence)

• Fired before coaching one game




• Quandaries– Is domestic violence

not as violent because it is domestic?

– Some domestic cases are sealed.

• Implications– Fired after an arrest

not conviction



• Hindsight is 20 / 20– Origin– Criminal – County, Statewide, Federal– Cyber Investigation

What about -

Continuous Screening

Random Screening




CASE STUDY:TIGER WOODS

• Professional Golfer• Infidelity• Morals Clauses




• Quandaries– Should we have morals

clauses in our manuals and background investigations adjudications parameters?

• Implications– Associates, endorsers,

testimonial givers, moral compass vetting



• Hindsight is 20 / 20– Origin– Criminal– References– Drug Test– Motor Vehicle– Cyber Investigation




CASE STUDY:PRESIDENT CLINTON

• Impeached but not removed from office

• He was acquitted by the Senate




• Quandaries– How do you deal with

no conviction, yet well known information?

– How does character affect job performance?

– Does it matter? Does it in some industries and not others?

• Implications– Match the skills to the

job– Cannot take “arrest”

information into consideration in some states and the EEOC greatly frowns upon it







CASE STUDY:TIM DONAGHY

• Pled guilty to betting on NBA games, including games he officiated

• Pled guilty to providing confidential information to others who bet on NBA games




• Quandaries– What will be your

wake up call?– How do you vet your

high level “officials”?– Should you be

validating employee supplied data such as bios that are shared for company purposes?

• Implications– High Level “Officials”

can cause the most damage

– Where does the information you post about your employees come from?



• Hindsight is 20 / 20– Executive Background Investigations

• Validates all resume and applicant details• Most extensive pre-employment background investigation




CASE STUDY:SEUNG-HUI CHO

• College Student• Shooter in the Virginia

Tech Massacre




• Quandaries– Is court ordered

outpatient treatment at a mental health facility protected under HIPAA?

– How would such a court order affect your hiring?

– What is the Secret Service Shooter Profile?

• Implications– Federal privacy Laws– Prior Police Reports

(not convictions – arrest information)



• Hindsight is 20 / 20




• Tucson Arizona Alleged Shooter

• Kicked out of Pima Community College

• Two Previous offenses• Member of the online

conspiracy theory “Above Top Secret”

CASE STUDY:JARED LOUGHNER




• Quandaries– Should you check all

new hires against military records for rejection?

• Implications– Cyber Investigations

can reveal questionable behaviors







RECAP



QUESTIONS AND ANSWERSQUESTIONS AND ANSWERS



DISCLAIMERDISCLAIMER

The information provided in this presentation does not constitute legal or accounting advise. It is for information and discussion purposes only.

This presentation may not be reproduced without the written consent of the author.



THANK YOU!

Michelle L. Pyan LPI MBA

Commercial Investigations LLC

Licensed Private Investigative Agency

Offices in Harmony Florida and Cohoes New York

(800) 284-0906

[email protected]



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Bringing Background to the Foreground