12
!"# $ #% &’ %(%)% " ##*))% I hope all of you had a great summer and are enjoying our beautiful fall weather. I am very excited about our Fall Seminar and Annual Meeting and am looking forward to seeing many of you at the Millennium Maxwell House in Nashville on November 3 and 4. We are especially proud that Tennessee Supreme Court Chief Justice William “Mickey” Barker will kick off our seminar with one of his always-engaging presentations. We are thrilled that our NALA Regional Director, Libby Roleson, will be with us on Saturday to talk about how we can grow as leaders and make our organization stronger. If you have not yet signed up for the seminar, there is still time. Just go to our website at and you will find links on the home page to our seminar brochure and the registration form. Tracey Williams has done an outstanding job of lining up speakers, making the hotel arrangements and getting us great stuff for our goody bags. She has also lined up some great vendors who will have their products and services on display and some who are offering door prizes. Caleeta Beagles, Louise Mulderink and I had a great experience attending the NALA Annual Convention in Tampa in July. The educational sessions were phenomenal as were the breakout sessions, where we were inspired by ideas presented by other associations about projects and educational opportunities we hope to implement in our association. It was also great to meet paralegals from all over the country and share ideas and information, brochures, newsletters and goodies at our Affiliated Association Exhibit. Louise was so impressed with her Convention experience in Tampa that she came back home, contacted other affiliates in Tennessee and has already submitted a proposal to NALA to help host a future Annual Convention in Nashville, Tennessee. Our NALA Regional Director Libby Roleson in Memphis and the presidents of the other Affiliated Associations in the state enthusiastically agreed it would be great to host the Convention and said they will work with us in planning and organizing if NALA agrees to the proposal. Other exciting developments for TPA include an inquiry from a Middle Tennessee paralegal who received our seminar brochure and is interested in the possibility of forming a TPA chapter in her area. Alisa Pruett has already replied with a packet of information on how to make that happen. We continue to receive regular inquiries from paralegals, paralegal students and law firms through our wonderful website. Please feel free to let board members know if you have ideas on how we can improve the website to make it more helpful and informative. We have had many job postings added in the last month, so be sure and check those out. Our Chapters are busy as always. Both the West and East Tennessee Chapters have plans underway for recruiting in their areas this Fall. I am very proud of Melissa Gerber of our Southeast Chapter for taking the lead in making the Chapter a Corporate Sponsor of the Alzheimer’s Association Memory Walk fundraiser. We are putting together teams to walk and have pledged to raise $3,000 for this very worthy cause. Let’s keep the excitement going and keep TPA strong. I look forward to hearing from you! Susan Veal, TPA President

2006-02-Fall-The Paralegal Advocate

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Page 1: 2006-02-Fall-The Paralegal Advocate

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I hope all of you had a great summer and are enjoying our beautiful fall weather. I am very excited about our Fall Seminar and Annual Meeting and am looking forward to seeing many of you at the Millennium Maxwell House in Nashville on November 3 and 4. We are especially proud that Tennessee Supreme Court Chief Justice William “Mickey” Barker will kick off our seminar with one of his always-engaging presentations. We are thrilled that our NALA Regional Director, Libby Roleson, will be with us on Saturday to talk about how we can grow as leaders and make our organization stronger. If you have not yet signed up for the seminar, there is still time. Just go to our website at ����������� ����� and you will find links on the home page to our seminar brochure and the registration form. Tracey Williams has done an outstanding job of lining up speakers, making the hotel arrangements and getting us great stuff for our goody bags. She has also lined up some great vendors who will have their products and services on display and some who are offering door prizes. Caleeta Beagles, Louise Mulderink and I had a great experience attending the NALA Annual Convention in Tampa in July. The educational sessions were phenomenal as were the breakout sessions, where we were inspired by ideas presented by other associations about projects and educational opportunities we hope to implement in our association. It was also great to meet paralegals from all over the country and share ideas and information, brochures, newsletters and goodies at our Affiliated Association Exhibit. Louise was so impressed with her Convention experience in Tampa that she came back home, contacted other affiliates in Tennessee and has already submitted a proposal to NALA to help host a future Annual Convention in Nashville, Tennessee. Our NALA Regional Director Libby Roleson in Memphis and the presidents of the other Affiliated Associations in the state enthusiastically agreed it would be great to host the Convention and said they will work with us in planning and organizing if NALA agrees to the proposal. Other exciting developments for TPA include an inquiry from a Middle Tennessee paralegal who received our seminar brochure and is interested in the possibility of forming a TPA chapter in her area. Alisa Pruett has already replied with a packet of information on how to make that happen. We continue to receive regular inquiries from paralegals, paralegal students and law firms through our wonderful website. Please feel free to let board members know if you have ideas on how we can improve the website to make it more helpful and informative. We have had many job postings added in the last month, so be sure and check those out. Our Chapters are busy as always. Both the West and East Tennessee Chapters have plans underway for recruiting in their areas this Fall. I am very proud of Melissa Gerber of our Southeast Chapter for taking the lead in making the Chapter a Corporate Sponsor of the Alzheimer’s Association Memory Walk fundraiser. We are putting together teams to walk and have pledged to raise $3,000 for this very worthy cause.

Let’s keep the excitement going and keep TPA strong. I look forward to hearing from you! Susan Veal, TPA President

Page 2: 2006-02-Fall-The Paralegal Advocate

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Fall Seminar & Annual Meeting

Millennium Maxwell House Hotel Nashville Dates: Friday & Saturday, Nov. 3 - 4, 2006 Tentative Timetable Friday, November 3, 2006 9:00 - 11:00 am Board Meeting 10:30 - 12:00 Registration &Vendor Displays 12:00 - 12:15 Welcome 12:15 - 1:45 Justice William Barker Appellate Process in Tennessee 1:45 - 2:00 Break 2:00 - 3:30 Lori Grahl Secured Transactions under the UCC 3:30 - 3:45 Break 3:45 - 5:15 Robert Fiztgerald Accident Reconstructionist 5:15 - 6:00 Vendor Session Saturday, November 4, 2006 8:30 - 9:30 Annual Meeting/Breakfast 9:30 - 11:00 John Barber Medical Records in Today’s Legal World 11:00 - 11:15 Break 11:15 - 12:15 Libby Roleson, NALA 7 Hours of CLE

Career Chronicles Tracey A. Williams, CBA

Tracey has been a paralegal with the law firm of Mostoller, Stulberg & Whitfield in Oak Ridge since September 2000. Tracey began her career at MS&W as an intern while attending Roane State Community College to obtain her Associates Degree in Paralegal Studies. She began working for an associate attorney practicing Criminal, Civil, and Domestic law. In January 2001, she began working full time for Ann Mostoller as her Bankruptcy Trustee Assistant. She received her Bachelors Degree Organizational Management from Tusculum College in 2002, and received her certification as a Bankruptcy Assistant through the Association of Bankruptcy Judicial Assistants in 2004. She is a member of the National Association of Bankruptcy Trustees and served as a co-chair for their two annual seminars in 2004 and 2005. She has been on the advisory board for the Paralegal Studies Program at Roane State Community College since 2003. Tracey has been married to Tony Williams almost 15 years, and they reside in Petros with their 9 year old son, TJ. She feels very fortunate to have two wonderful men in her life, and to have been able to stay home with her son the first 5 years of his life. This was one of the goals she set for herself growing up. Another goal of hers was to attend law school but she decided to marry early and five years later began her family. She felt the next best thing was to become a paralegal and has enjoyed every moment of her career and knows that it was the best decision she could have made. Tracey enjoys attending her son’s baseball and basketball games. She has been very lucky to work for a firm that believes in family and has made it easy for her to be active in her son’s school. She has enjoyed being a room mother and attending all school parties and functions since her son started school. Tracey’s future goals are to advance in her career as much as possible, continue to make her family the number one priority in her life, give her son an enjoyable and memorable childhood, and to allow her husband to retire early. Favorite TV Show: Grey’s Anatomy Favorite Movie: Grease Favorite Song: Any Conway Twitty song Favorite Color: Green Favorite Season: Spring Tracey has done a superb job planning our Fall Seminar and Annual Meeting--putting in countless hours working out the details. TPA is very fortunate to have her serving as our First Vice President. Thanks from all of us, Tracey!!

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Page 3: 2006-02-Fall-The Paralegal Advocate

SUMMARY OF SPRING BOARD MEETING APRIL 7, 2006

President Susan Veal called the 2006 Spring Meeting of the Tennessee Paralegal Association to order at 10:12 a.m. CST at the Holiday Inn of Jackson, Tennessee, the site of our 2006 Spring Seminar. Members in attendance were: President Susan Veal; Second Vice President Peggy S. Bates; Treasurer Phyllis A. Carter, CTFA; Secretary Tammie C. Murphy, CLA; NALA Liaison Caleeta L. Beagles; Southeast Chapter Chairperson Louise C. Mulderink, CLA; West Tennessee Chairperson Tammy Bradford, Jennifer H. Petty and Susan Westmoreland. West Tennessee Regional Director, LaFran Plunk was not present during the Board meeting, but later appeared during the Seminar. The minutes from our last board meeting, held on January 7, 2006, were discussed, revised and approved as corrected. Treasurer’s Report – Ms. Carter passed out her Treasurer’s Report covering the period from January 1, 2006 to April 7, 2006. The current balance in the checking account as of April 7, 2006 is $4,645.92. The current balance in the savings account as of April 7, 2006 is $2,808.58. Motion was made to approve the Treasurer’s Report which was then submitted for audit. President’s Report – New Letterhead – Members discussed the process of printing the new letterhead. Legal Image did the first printing for $250.00. First Vice-President’s Report – Tracey Williams was not in attendance but submitted her report to the President. Ms. Williams’ report was published in the last edition of The Paralegal Advocate. Second Vice-President’s Report – We have 60 paid members and renewal letters were mailed out two weeks ago. The new packets have not gone out yet as Ms. Bates is waiting on the new letterhead and until all chapters complete their membership drives. NALA Report – Caleeta Beagles received an email from Ms. Libby Roleson, the Regional Director of NALA, who congratulated us on our new and improved website. The Regional Director of NALA also offered to come speak to our association. Ms. Beagles forwarded this information to First VP Tracey Williams. We have until May 1st to nominate a member for an affiliate award. The nomination must be sent with the President’s signatory. Also, plans are being made to attend the annual NALA convention in Tampa, FL on July 26, 2006 thru July 29, 2006. Old Business

A. Website --Susan Veal will send an email to all members announcing our new website. The Board discussed incorporating passwords into the website as some information included on the site (i.e., our job bank list; newsletters and membership directory) should be restricted to TPA members. Alternatively, we could set it up so that if we receive an email from an individual inquiring about a job for example, a designated board member, who has an updated membership listing, will ensure the person inquiring is a member and will respond. This issue was tabled for further discussion.

B. Newsletter --Susan Veal informed the Board that the newsletter is coming together. We discussed printing a condensed version of the minutes according to the bylaws.

C. Brochures – Jennifer Petty is working on the new TPA brochures. D. Recruiting – Each chapter is currently in their membership drives.

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Page 4: 2006-02-Fall-The Paralegal Advocate

E. Bylaw Revisions – This Committee has not met yet and therefore no report was given. F. Application Forms – Susan Veal will post the application form on the website. Motion was made

and passed that sustaining and associate membership dues will remain the same ($60.00). New Business – Vendors --- Vendors are inquiring about advertising with the TPA. Board members discussed having vendors advertise on the TPA website and at our upcoming Annual Membership meeting and Fall Seminar in November. Some members suggested charging vendors $100; $150 or $200. Other suggestions were to give vendors the option of sponsoring a lunch or providing snacks during a seminar break and having vendors place ads in our materials. Caleeta Beagles suggested offering a booth to sponsor for $200. Ms. Beagles motioned to establish a committee (consisting of a member of every chapter of the TPA) to further investigate vendor pricing for booths, tables, ads, etc. and make a report to the Board. Said Motion was made to accept Ms. Beagle’s recommendation to form a vendor committee which shall be comprised of: LaFran Plunk (from West TN); Tracey Williams (from East TN) and Louise Mulderink (from Southeast TN). The Board further discussed sponsorship on our new and improved website. The Board discussed corporate sponsors and vendors, who would pay $200.00 (a suggested price), to place advertisements on our website. Meeting was then adjourned at 11:35 p.m. Respectfully Submitted, ������������ �, CLA, TPA Secretary

LAWASSA B. JONES MEMORIAL SCHOLARSHIP COMING UP AT FALL SEMINAR!

The Tennessee Paralegal Association (TPA) will announce its annual Lawassa B. Jones Memorial Scholarship recipient at its Annual Meeting on November 3, 2006. The Lawassa B. Jones Memorial Scholarship is a $750 scholarship that is awarded annually to a student pursuing a degree in paralegal/legal assistant studies. All current paralegal/legal assistant students are eligible and are encouraged to apply. Many of our scholarship applicants have gone on to become successful paralegals!! The criteria that the TPA Board members review in awarding the scholarship include financial need, scholastic ability, leadership and extracurricular activities. The application along with a letter of personal recommendation; a letter of scholastic recommendation (including an official copy of the student’s transcript); and a short statement explaining the student’s reasons for applying for the scholarship and why he/she chose to become a paralegal must be sent to the TPA Scholarship Committee Chairperson at the address listed on the application by October 1st of each year. Please do not send your completed application to the TPA Post Office Box as that could delay the processing of the application. After the winner of the scholarship is announced by the Board, the recipient is immediately notified by mail and a check in the amount of $750.00 is forwarded to the recipient’s school to be credited to the recipient’s account for future use for tuition, books and any other school related items and expenses. For further information concerning the Lawassa B. Jones Memorial Scholarship, please contact: Tammie C. Murphy at [email protected] or go to our website @ tnparalegal.org/scholarship.html and download an application.

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Page 5: 2006-02-Fall-The Paralegal Advocate

The Tennessee Paralegal Association History: 1986 – 1990 “The Commentary”�

In celebration of our 25+ years and as a tribute to our founding members, we printed the “First Five Years” in our Spring Issue. It was the first portion of a history prepared by founding member, Lawassa Jones. The next portion was a continued commentary on the next five years; which is below. Lawassa went on to include Chapter Activities, Education, and TPA Officers Through the Years for the State and Local Chapters (1981 – 1990). A complete copy will be provided with the informational material at the upcoming Annual Fall Seminar in November. Should you not be able to make it, you will be able to find it in future issues to come through The Advocate. We lost Lawassa to cancer in 1995, but the history she prepared through 1990 will be with us forever. Historian and co-founding member, Susan Westmoreland, has been updating Lawassa’s work to bring us through to 2005 and we will print her updates in future issues.

In 1986 TPA member Evelyn Caylor was requested to organize a bankruptcy workshop for NALA’s annual workshops which were held in Tulsa, Oklahoma on July 21 and 22. Evelyn did a super job. Conducting his workshop were the Honorable Ralph H. Kelly, the bankruptcy Judge for the Eastern District of Tennessee who had previously gained some fame by declaring himself unconstitutional, George Stevenson, Standing Chapter 13 Trustee for the Western District of Tennessee, Kyle R. Weems, Standing Chapter 7 Trustee for the Eastern District of Tennessee and senior partner with Weill & Weems, Chattanooga, W. T. Johnson, Kay McPeake and Evelyn. This was a most impressive workshop. A number of people from other states complimented the speakers and remarked that we in Tennessee are very fortunate to have such able persons in the field.

The Board of Governors on March 15, 1986 authorized the purchase of membership pins. On June 21 the board

adopted a TPA brochure. The board also adopted an expense account voucher to be used by members requesting reimbursement. On September 6 the board authorized Doris Peak to print a membership director. At the 1986 annual meeting, the members decided that one seminar a year was not enough. The consensus was that one seminar doesn’t allow enough interaction and fellowship among members. Therefore, TPA members voted to hold two seminars each year - - in May and November.

The Southeast Chapter was formed in 1982. West Tennessee organized in 1986 and two new chapters - - Knoxville and Tri-Cities - - jointed TPA in 1987. Memphis was organized in 1988. All are active in civic and professional programs.

TPA conducted a statewide paralegal survey in 1988. The midyear meeting of the Governing Board was held on

June 11, 1988 at Day’s Inn, formerly the Benchmark, in Memphis. Business was suspended at 5:00 p.m. so that members of the board could go across the street to watch the ducks march out of the Peabody. Those famous ducks were the highlight of this meeting

Members of the Governing Board, at the quarterly meetings on August 12, 1989, voted to make chapter chairs

voting members of the board. They also decided that future spring seminars would be held in the areas where local chapters exist and that such chapters would be requested to organized and host the seminars, with the First Vice President to assist as needed. The rotation schedule was set as follow:

1990 - - Knoxville 1991 - - Jackson 1992 - - Tri-Cities 1993 - - Memphis 1994 - - Chattanooga

The Knoxville chapter on May 11 and 12, 1990 sponsored a seminar which will, for years to come serve as the model which others of will try to emulate. From their choice of a site to the reception preceding the seminar to the selection of topics and speakers, this seminar came close to perfection.

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Page 6: 2006-02-Fall-The Paralegal Advocate

ANNOUNCEMENT & REMINDER! As an incentive to recruit new members, we have reinstated our annual Membership Contest. Each time your name appears on the referral line on an application received for a new member, your name will be put in the hat for a drawing at our Annual Meeting. First, second and third place prizes will be awarded. See our next issue of The Paralegal Advocate for announcements on the winners and prizes awarded.

2006 TPA Officers and Board Members (Contact the officers/board members via our website: www.tnparalegal.org) President: Susan E. Veal, Miller & Martin PLLC, Chattanooga First Vice President: Tracey A. Williams, CBA, Mostoller, Stulberg & Whitfield, Oak Ridge Second Vice President: Peggy S. Bates, Chambliss, Bahner & Stophel, PC, Chattanooga NALA Liaison: Caleeta L. Beagles, Blue Cross Blue Shield of TN, Chattanooga Secretary: Tammie C. Murphy, CLA, Toppenberg & Burke, Knoxville Treasurer: Phyllis A. Carter, CTFA, SunTrust Bank, Chattanooga East Region Director: Alisa C. Pruett, Baker McReynolds O’Kane Atkins & Thompson, Knoxville West Region Director: LaFran Plunk, West Tennessee Legal Services, Jackson East Tennessee Chapter Chair: Tracey A. Williams, CBA, Mostoller, Stulberg & Whitfield, Oak Ridge S.E. Tennessee Chapter Chair: Louise C. Mulderink, CP, Shumacker Witt Gaither & Whitaker, Chattanooga West Tennessee Chapter Chair: Tammy R. Bradford, Hill Boren PC, Jackson Historian: Susan Westmoreland, CEBS, Horton, Maddux & Anderson, Chattanooga Publications Chair: Laysha M. McCullaugh, The Fleissner Firm, Chattanooga

CHALLENGE 2007

Elections for 2007 officers will be held on Saturday, November 4 at our Annual Membership Meeting. We all lead extremely busy lives--juggling our schedules from our families, career, and friends to personal time and other commitments; not generally in that order. Be ready for Challenge 2007. Does your schedule permit you enough time take the challenge of being an officer? Or does your schedule permit only enough time for you to attend the local chapter meetings? Maybe your schedule permits only an occasional commitment. Perhaps finding your niche among the numbers of TPA members is really the challenge. Think “outside” the box. Is there something that you might be able to contribute within your own time limitations and using your special gifts and talents, that would benefit you and the TPA? Remember, there is no such thing as a “bad” idea. What would you like to accomplish? Contributing your own time is beneficial to you and the TPA, no matter how large or small the amount of time spent. Time is precious and irreplaceable. Challenge yourself and others to make an experience of 2007 and watch us all grow together toward our goals.

– Laysha M. McCullaugh

Linda Lamb says: Join us at our Fall Seminar and Annual Membership Meeting on Nov. 3 & 4 in Nashville. Not only are the sessions educational, but the networking is really something to shout about! For more information, see page 2 or go to the TPA website at: www.tnparalegal.org. ������������������������

Page 7: 2006-02-Fall-The Paralegal Advocate

����ELECTION OF TPA OFFICERS: IT’S THAT TIME AGAIN!

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CALL FOR DECLARATION OF CANDIDACY FOR OFFICERS OF TPA

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DECLARATION OF CANDIDACY

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Page 8: 2006-02-Fall-The Paralegal Advocate

TPA’S OUTSTANDING MEMBER AWARD

For the past five years, TPA has awarded one of its members the Outstanding Member Award. Any member of

TPA may nominate any other member who has gone beyond the call of duty in promoting the paralegal profession. If you

would like to nominate someone for the 2006 Outstanding Member Award, please complete the form below and write a

short essay answering the question , “How does the nominee promote the paralegal profession?”

Please address your nomination to Outstanding Member Nominations and mail it to TPA’s address listed on the

form no later than October 30, 2006. All nominations will be sent unopened to the chairperson of the outstanding

member committee. That committee will make the decision and present the award to the recipient at the Annual

Membership Meeting in November.

This is another way TPA promotes our profession and recognizes our outstanding members!

OUTSTANDING MEMBER NOMINATION

The Tennessee Paralegal Association has instituted an award to recognize TPA members who have made an outstanding

contribution to our profession. Please nominate a paralegal you respect for his or her promotion of the paralegal

profession and answer the following question about your nominee: How does the nominee promote the paralegal

profession?

The deadline for nomination is October 30, 2006.

Paralegal Nominee’s Name:

Firm/Company’s Name:

Address:

Office Phone: Office Fax:

Email Address:

Your Name:

Firm/Company Name:

Address::

Office Phone: Office Fax:

Please send the answer to the question and this form to:

Outstanding Member Nominations Tennessee Paralegal Association

P.O. Box 21723 Chattanooga, Tennessee 37424

or e-mail to: [email protected] ����

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Page 9: 2006-02-Fall-The Paralegal Advocate

����NOTICE OF ANNUAL MEETING

Notice is hereby given of the Annual Meeting of the Tennessee Paralegal Association to be held at the

Millennium Maxwell House Hotel in Nashville, Tennessee on November 4, 2006. During the Annual Meeting,

the election of TPA officers for the year 2006 will take place. If you are unable to attend, please forward your

proxy vote to the Tennessee Paralegal Association, Attention: Annual Meeting, P.O. Box 21723, Chattanooga,

TN 37424 OR you may send your proxy vote with the member who will be casting your vote at the meeting, to

be submitted prior to the election.

____________________________________________________________________________________

PROXY FOR THE ANNUAL MEETING OF THE TENNESSEE PARALEGAL ASSOCIATION

SATURDAY, NOVEMBER 4, 2006

MEMBER’S NAME: ________________________________________________ DESIGNATED MEMBER’S NAME: ___________________________________ _______________________________________ Member’s Signature

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Introduction

Whether a company employs thousands of individuals or only a handful, hiring and retaining qualified and dedicated employees is crucial to its success. Simply relying on information provided by individuals on employment applications or in other forms does not always suffice. In fact, recent studies have revealed that approximately half of all job applicants in the country submitted inaccurate or false information to their potential employers. Given this state of affairs, it is vital to conduct background checks before making hiring and other employment decisions. This article will further examine some of the reasons to perform such searches, outline the relevant law which governs employers’ gathering and use of such information, and provide a step-by-step checklist on how to procure and use information from background searches.

Why use background checks?

Again, employers should assume that approximately half of the applications they receive contain some amount of inaccurate information. A recent study by a large nationwide screening agency revealed that of the 3.7 million background checks performed in a certain year, 52% of the employment, educational, and/or credential information provided was inaccurate to some extent. The potential for harm associated with these findings is obvious. At a minimum, your employee may not be as qualified for the position as he or she led you to believe. Lower quality work will affect your company’s product or services and can easily affect your client base, especially if a significant inaccuracy is ever discovered.

Other potential “external” effects highlight another reason to perform background checks – the law. Depending on the industry and in which states it operates, an employer may be required to perform such searches. For example, certain states have background check requirements for healthcare facilities and providers and for security personnel and private investigators. Even in the absence of legal requirements, the rationale for performing background checks for such positions is clear.

Additionally, while there may be no legal requirement to perform background checks, there still may be some legal liability for an employer who fails to perform them. In recent years, courts have begun to see a number of “negligent hiring” lawsuits. These lawsuits come from scenarios such as the following. You operate a daycare facility. You hire a new employee without performing a background check, and two weeks later that employee abducts a child from the facility. It is thereafter revealed that the employee had been arrested ten years earlier for kidnapping. The child’s parents hire an attorney who sues you, claiming that you should have performed a background check and not hired the employee.

These suits have had some degree of success recently and can cost employers much time and money to defend. As demonstrated above, there are a number of both business and legal reasons to perform background searches.

FCRA – the law governing employers’ gathering and use of background checks

The Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq. (“FCRA”), governs employers’ gathering and use of information obtained from background checks. Specifically, the FCRA requires notification to an individual for any background check where the information will be used to evaluate a person for hire, promotion, reassignment, or retention. Specific steps on how to meet the FCRA’s requirements will be discussed below, but the general requirements are as follows. In order to obtain a background check, an employer must:

• Advise the individual, in a document that contains no other information, that a background check may be obtained for employment purposes;

• Receive prior written authorization from the individual;

• Receive authorization from the individual for the release of any medical information; and

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Page 11: 2006-02-Fall-The Paralegal Advocate

• Certify to the credit reporting agency from whom the background check is obtained the permissible purpose for which the report will be used; that the information requested will not violate any equal opportunity law or regulation; that the required authorization has been made; and that the required disclosures have and will be made.

With some exceptions, before taking an adverse employment action against the individual where the background check was a factor in the decision, the employer must provide the individual with a copy of the report and a written summary of the individuals rights under the law. After taking an adverse employment action against an individual based on a background check, an employer must provide the individual with the name, address, and telephone number of the credit reporting agency that provided the report; a statement that the credit reporting agency did not make the adverse decision and cannot explain why it was made; and a description of the individual’s right to obtain a free copy of the file from the credit reporting agency within 60 days to dispute the accuracy or completeness of the file.

Step-by-step approach for using a background check

The following steps are suggested in order to ensure compliance with applicable laws concerning background checks and consistency in hiring practices: 1) Review application for completeness and legibility.

• Are the applicant’s name, social security number, and phone number printed legibly on the application? • Is the applicant’s education history completed with the city, state, and zip code of the schools attended? • Is the work history section of the application completed, including previous employers’ names, addresses,

and telephone numbers; and dates of previous employment, duties, and title(s)? • Is the application signed and dated by the applicant?

2) After receiving a complete and legible application and prior to requesting a background check on the applicant, the employee must sign an Authorization, Notification and Release Form for Procurement of Consumer Credit/Background Reports, a receive A Summary of Your Rights Under the Fair Credit Reporting Act. 3) Request background check from a qualified agency by sending the completed application, signed Authorization, Notification and Release Form, resume (if any), and Background Check Request Form. 4) Once the applicant’s background check is received, it should be reviewed. Caution must be used concerning the use of the information contained therein to make hiring decisions. Please keep in mind the following when making hiring decisions based on the results of the background check:

• A felony or misdemeanor conviction is not an absolute bar to employment. When addressing a situation where an applicant has a conviction record, the following must taken into consideration:

• The relationship between the conviction and the applicant’s fitness for a particular job; and • The number of convictions, the nature of the conviction, and the recentness of the conviction. • An applicant’s arrest record should not be the sole reason for disqualifying him or her for employment.

If it is discovered, through information contained in a background check, that an applicant has falsified his or her

employment application, the applicant should not be eligible for hire.

Conclusion

The reasons for using background checks are compelling, but employers must do so carefully in order to comply fully with the law. Some of the above-referenced notices and other helpful tools are available on the Federal Trade Commission’s website (���������/�� �5�). Other documents need to be crafted for specific employers and/or specific employment decisions

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Page 12: 2006-02-Fall-The Paralegal Advocate

Message from The Paralegal Advocate Team

We would appreciate your contribution to The Paralegal Advocate by submitting articles of interest to you to be published. Please note the deadlines for each issue and feel free to provide any information you would like published prior to the deadline. If you would like to have articles published on specific topics in the Advocate, please contact us.

- The Paralegal Advocate Team ��

THE PARALEGAL ADVOCATE

is published quarterly by the Tennessee Paralegal Association, an affiliate of the National Association of Legal Assistants, Inc. Articles and other information for the newsletter should be sent to the Advocate Team at the following address:

Tennessee Paralegal Association Attention: Advocate Team

Post Office Box 21723 Chattanooga, TN 37424

or [email protected]

DEADLINE FOR UPCOMING ISSUES:

WINTER: DECEMBER 31, 2006

SPRING: MARCH 31, 2007 SUMMER: JUNE 30, 2007

FALL: SEPTEMBER 30, 2007

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