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Situational Hypothetical Questions

Posted on May 4, 2012 by admin

SITUATIONAL HYPOTHETICAL QUESTIONS

1. You discover an open and empty bottle of prescribed medication. What do you do?

______________________________________________________________

2. A child is not listening and obeying you. How do you resolve this issue?

______________________________________________________________

3. A three year old is fighting with his two year old brother over the same toy. What do you do?

______________________________________________________________

4. A two year old is crying because his parents have left for work and he does not know you very well. How do you handle this?

______________________________________________________________

5. Your young child states, “you cannot boss me around, you’re not my mother.” How do you handle this?

______________________________________________________________

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Reference Check Form

Posted on May 4, 2012 by admin

REFERENCE CHECK FORM

REFERENCE INFORMATION BEING REQUESTED ON:

Applicant’s Name:
	First	Middle	Last

REQUESTING AGENCY INFORMATION: (To be completed by the hiring department)

Date of Request:
Name of Hiring Department:
Department Address:

Representative’s Name:
Representative’s Title:
Representative’s Phone:

EMPLOYER INFORMATION:
(To be completed by previous/current employer if by mail; or by hiring department if by phone)

This reference information furnished by:

Phone

Mail

Number:
Address:

Date Completed:
Name of Employer:
Representative’s Name:
Representative’s Title:
Representative’s Phone:

If requested by Mail, please return to the Hiring Department’s address listed above.

APPLICANT INFORMATION:

Applicant’s Name:
	First	Middle	Last
Employment Dates:
	From:	To:

Reason for Leaving:
Major Job Duties:
Special Skills:

Met job requirements in terms of quantity of work?	Exceeded Requirements Met Requirements Did Not Meet Requirements
Met job requirements in terms of quality of work?	Exceeded Requirements Met Requirements Did Not Meet Requirements
Cooperated with fellow employees and supervisors?	Yes No
Usually came to work on time?	Yes No
Absent more than 10 days (except vacation) in the last year of employment?	Yes No If Yes, please explain:
Received an oral or written warning for performance or committed any misconduct while on the job?	Yes No If Yes, please explain:
Received an oral or written warning for performance or committed any misconduct while on the job?	Yes No If Yes, please explain:
Required close supervision?	Yes No If Yes, please explain:
Would you rehire (or retain) this person?	Yes No If No, why?
Additional Comments/Explanations:

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Questions Not To Ask the Applicant

Posted on May 4, 2012 by admin

QUESTIONS NOT TO ASK THE APPLICANT

Don’t ask an applicant about her children and arrangements she has made for childcare.
Don’t ask an applicant about pregnancy and whether she plans to have a family in the future.
Don’t ask about disabilities, unless they are related to the job.
Don’t ask about sexual orientation.
Don’t discuss age.
Don’t ask where an applicant is originally from.

How to ask certain questions

Acceptable Questions	Subject	Unacceptable Questions
Name “Have you ever used another name?” /or/ “Is any additional information relative to change of name, use of an assumed name, or nickname necessary to enable a check on your work and education record? If yes, please explain.”	NAME	Maiden name.
Place of residence.	RESIDENCE	“Do you own or rent your home?
Statement that hire is subject to verification that applicant meets legal age requirements. “If hired, can you show proof of age?” “Are you over eighteen years of age?” If under eighteen, can you, after employment, submit a work permit?”	AGE	Age. Birth date. Dates of attendance or completion of elementary or high school. Questions which tend to identify applicants over age 40.
“Can you, after employment, submit verification of your legal right to work in the United States?” /or/ Statement that such proof may be required after a decision is made to hire the candidate.	BIRTHPLACE, CITIZENSHIP	Birthplace of applicant, applicants parents, spouse, or other relatives. “Are you a U.S. citizen?” /or/ Citizenship of applicant, applicants parents, spouse, or other relatives. Requirements that applicant produce naturalization, first papers, or alien card prior to a decision to hire.
Languages applicant reads, speaks, or writes, if use of a language other than English is relevant to the job for which applicant is applying.	NATIONAL ORIGIN	Questions as to nationality, lineage, ancestry, national origin, descent, or parentage of applicant, applicants parents, or spouse. “What is your mother tongue?” /or/ Language commonly used by applicant. How applicant acquired ability to read, write, or speak a foreign language.
Name and address of parent or guardian if applicant is a minor. Statement of company policy regarding work assignment of employees who are related.	SEX, MARITAL STATUS, FAMILY	Questions which indicate applicant’s sex. Questions which indicate applicant’s marital status. Number and/or ages of children or dependents. Provisions for child care. Questions regarding pregnancy, child bearing, or birth control. Name and address of relative, spouse, or children of adult applicant. “With whom do you reside?” /or/ “Do you live with your parents?”
	RACE, COLOR	Questions as to applicant’s race or color. Questions regarding applicant’s complexion or color of skin, eyes, hair.
	CREDIT REPORT	Any report which would indicate information which is otherwise illegal to ask, e.g., marital status, age, residency, etc.
Statement that photograph may be required after employment.	PHYSICAL DESCRIPTION, PHOTOGRAPH	Questions as to applicant’s height and weight. Require applicant to affix a photograph to application. Request applicant, at his or her option, to submit a photograph. Require a photograph after interview but before employment. Videotaping interviews.
Statement by employer that offer may be made contingent on applicant passing on job-related physical examination. “Can you perform (specific task)?”	PHYSICAL OR MENTAL DISABILITY	Questions regarding applicant’s general medical condition, state of health, or illnesses. Questions regarding receipt of Workers’ Compensation. “Do you have any physical disabilities or handicaps?”
Statement by employer of regular days, hours, or shifts to be worked.	RELIGION	Questions regarding applicant’s religion. Religious days observed /or/ “Does you religion prevent you from working weekends or holidays?”
Job-related questions about convictions, except those convictions which have been sealed, expunged, or statutorily eradicated.	ARREST, CRIMINAL RECORD	Arrest record /or/ “Have you ever been arrested?” (This is a violation of California Labor Code Section 432.7, which is enforced by the Labor Commissioner.)
Questions regarding relevant skills acquired during applicant’s U.S. military service.	MILITARY SERVICE	General questions regarding military services such as dates and types of discharge. Questions regarding service in a foreign military.
“Please list job-related organizations, clubs, professional societies, or other associations to which you belong – you may omit those which indicate your race, religious creed, color, disability, marital status, national origin, ancestry, sex, or age.”	ORGANIZATIONS, ACTIVITIES	“List all organizations, clubs, societies, and lodges to which you belong.”
“By whom were you referred for a position here?” Names of persons willing to provide professional and/or character references for applicant.	REFERENCES	Questions of applicant’s former employers or acquaintances which elicit information specifying the applicant’s race, color, religious creed, national origin, ancestry, physical or mental disability, medical condition, marital status, age, or sex.
Name and address of person to be notified in case of accident or emergency.	NOTICE INCASE OF EMERGENCY	Name, address and relationship of relative to be notified in case of accident or emergency.

NOTE: Any inquiry, even though neutral on its face, which has an adverse impact upon persons on a basis enumerated in the Fair Employment and Housing Act
(race, sex, national origin, etc.), is permissible only if it is sufficiently related to an essential job function to warrant its use.

Each state has varying laws on pre-employment inquiries and what may be considered in a hiring decision.
Most states allow certain employers (with statutory guidelines) to submit the applicant’s fingerprints through the FBI to further identify criminal records.
Professions include, financial institutions, childcare, medical, public safety etc.

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Questions To Ask the Applicants

Posted on May 4, 2012 by admin

QUESTIONS TO ASK THE APPLICANT

Why do you want to be a nanny with our family?
What experience have you had taking care of children or as a nanny?
What special training do you have?
Are you a problem solver? Describe a situation where you solved a problem.
What do you like most about your current or previous job?
Describe your employment situation.
Describe the most significant responsibility you have had.
What part of your current job are you the most comfortable with?
What part of your current job are you the least comfortable with?
Why do you want to leave your current job?
What do you find to be the most interesting part of working with children?
Are you willing to supervise other children in our home that may be visiting?
What is your position on discipline?
What is you position on toilet training
One of the children is not listening to you. How will you proceed?
How would you handle a baby that is colicky?
What goals do you have with your life?
Are you a risk taker?
What experience have you had in crisis situations?
What one characteristic that is different from the other applicants?
Why should we hire you?

Note

___________________________________________________

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Pre-Screening Laws/Federal/State/Recent and Lawsuit Trends

Posted on May 4, 2012 by admin

THE MOST IMPORTANT LAW GOVERNING PRE-SCREENING

How the FCRA is used
The FCRA regulations apply to both consumer reports (credit history checks, tenant screening, motor vehicle record checks, criminal background checks and other communication of information to the employer about an individual) and investigative consumer reports (employment verifications, reference checks and other information gathered through interviews). For the purposes of this guide we will only focus on pre-employment.
Disclosure/consent
Prior to initiating a background check, the FCRA requires employers to provide individuals with a clear disclosure in a separate document stating that a report may be requested. The employer must also obtain written consent from the applicant.
Notification
If the employer decides not to hire the applicant based on the results of the consumer report, the FCRA requires pre-adverse action notification, in which the individual is advised of the intended action and provided with the opportunity to dispute and/or correct the report before the action is taken. The employer must provide the individual with a copy of the report and a summary of consumer’s rights under the FCRA.
If the employer proceeds with taking the adverse action, it must provide the individual with a final adverse action notice that contains CRA contact information; a statement that the CRA did not make the decision not to hire the individual and cannot provide the reasons for the adverse action; as well as notice of the individual’s right to dispute the report and request an additional free report within 60 days.
Recent changes
The Fair and Accurate Credit Transactions (FACT) Act, signed into law December 4, 2003, amended the FCRA to remove the “sunset clause” from a section that prohibits states from passing stronger laws in certain areas relating to consumer credit. Though passage of state laws is now restricted in certain areas, employers should continue to closely monitor new state legislation that may impact background screening activities.

State laws on consumer reports and background information

For specific state hiring laws see: State Hiring Laws

Nearly half the states impose additional consumer reporting regulations that may be more stringent than FCRA requirements or may mandate unique processes. California for example requires a check box for the applicant to obtain a copy of the report. For more information see the California Investigative Consumer Reporting Agencies Act (ICRAA). http://www.privacy.ca.gov/icraa.htm In 2011 several states placed restrictions on credit reports. Other states have pending legislation attempting to restrict usage.

This is primarily because of all the recent foreclosures and the economy. Other states have laws that govern pre-screening are listed below:

Arizona
California
Colorado
Georgia
Kansas
Kentucky
Minnesota
Montana
New Hampshire
New Jersey
New Mexico
New York
Louisiana
Maine
Maryland
Massachusetts
Oklahoma
Rhode Island
Texas
Washington

AB 22 prohibits the use of credit reports for employment purposes except in very limited circumstances. The law does not apply to certain federally and state regulated financial institutions. All other employers and prospective employers are prohibited from obtaining or relying on consumer or credit reports in making employment decisions about employees or applicants for employment. The only exception is where the position at issue is one of the following:

– a position in the California Department of Justice;

– a managerial position, defined as one that qualifies for the executive exemption from overtime;

– a sworn peace officer or other law enforcement position;

– a position for which the information contained in the report is required by law to be disclosed or obtained;

– a position that involves regular access to specified personal information (bank or credit card account information, social security number, and date of birth) for any purpose other than the routine solicitation and processing of credit card applications in a retail establishment;

– a position in which the person is or would be a named signatory on the employer’s bank or credit card account, or authorized to transfer money or enter into financial contracts on the employer’s behalf;

– a position that involves access to confidential or proprietary information that qualifies as “trade secrets” under Civil Code Section 3426.1(d); or

– a position that involves regular access to cash totaling $10,000 or more of the employer, a customer, or client during the workday.

AB 22 also requires that an employer provide written notice to the applicant or employee when it seeks a consumer credit report under one of the exceptions above, specifying the permissible basis for requesting the report and also providing a box to check off to request a copy of the report. In that circumstance, a copy of the report must be provided free of charge at the same time as the employer receives a copy of the credit report. As is currently the law, if the employer makes an adverse employment decision based on information in the credit report, it must notify the applicant or employee of that fact and provide the contact information of the credit reporting agency.

In 2011 CONNECTICUT passed a law that applies to all employers with one or more employees as well as the state government and its political subdivisions. Under its provisions, employers may not require an employee or prospective employee to consent to a credit report, with several exceptions including managerial positions that involve setting the direction or control of a business, division, unit or an agency of a business; access to personal or financial information of customers, employees or the employer (other than information customarily provided in a retail transaction); if the position involves a fiduciary responsibility to the employer, and other specific exceptions.

In 2011 MARYLAND passed a law stating non-exempt employers may not use a job applicant’s or employee’s “credit report” or “credit history” to determine whether to deny employment to the applicant, to discharge the employee, or to determine the terms, conditions, or privileges of employment, including compensation. General exception allows employers to request or use 1) an employee’s credit report or history; or 2) the credit report or history of an applicant who has been offered employment – that is, the credit check must be post-offer – for any purpose not explicitly prohibited by the Act, or if the employer has a “bona fide purpose” for the information.

In 2011 ILLINOIS passed a law that prohibits many Illinois employers from basing hiring, promotion, and other employment decisions on an employee or job applicant’s credit history. There are limited exceptions to the law. For example, covered employers may still use credit history for employment decisions for managerial positions that involve setting the direction or control of the business and for positions that involve unsupervised access to more than $2,500; signatory power over business assets of $100 or more per transaction; or access to personal, financial, confidential, trade secret, or state/national security information.

In 2010 OREGON enacted SB 1045. Joining Washington and Hawaii, the Oregon law (originally effective July 1st 2010 but the governor of Oregon declared the law effective immediately) prohibits the use of credit history for employment purposes including hiring, discharge, promotion, and compensation. The law provides exceptions for financial institutions, public safety offices, and other employment if credit history is job-related and use is disclosed to applicant or employee. The law establishes any violation as an unlawful employment practice, enforceable through the Bureau of Labor and Industries and civil action.

In 2009 HAWAII enacted HB 31, a law that establishes an employer’s use of an individual’s credit history or credit report in hiring and termination decisions as an unlawful discriminatory practice unless the information directly relates to a bona fide occupational qualification under the Hawaii Fair Employment Practices Act.

In 2007 WASHINGTON state adopted bill 5827, which states that a person may not procure a consumer report for employment purposes where any information contained in the report bears on the consumer’s credit worthiness, credit standing, or credit capacity, unless the information is either: (i) Substantially job related and the employer’s reasons for the use of such information are disclosed to the consumer in writing; or (ii) Required by law. This law reduces the risk of successful disparate impact claims based upon denial of employment because of poor credit history.

Under federal fair employment law, employers should consider the job-relatedness of credit information in making employment decisions. Rejecting applicants based upon poor credit history may disproportionately exclude certain minority groups from consideration. The EEOC contends an organization should not use such information if it causes a “disparate impact,” unless justified by job-relatedness and business necessity.
Cite: State law

DPPA

Drivers Privacy Protection Act
Employers conducting motor vehicle record checks must comply with the Drivers Privacy Protection Act (DPPA), which was originally enacted in 1994 to protect the privacy of personal information compiled by State Departments of Motor Vehicles. The DPPA prohibits the release of personal information contained in a motor vehicle record to a third party without an individual’s express consent. Some states may further restrict the release of this information.

The American with Disabilities Act (ADA)

The Equal Employment Opportunity Commission (EEOC) defines a disability as a person who:

has a physical or mental impairment that substantially limits one or more major life activities
has a record of such an impairment
or is regarded as having such an impairment

Under ADA, employers are restricted in using medical or disability data in the hiring process. Simply put, you cannot ask during the interview or background check about a person’s disabilities. The ADA covers businesses with 15 or more employees, including state and local governments.

Recent Trends in Pre-Screening

Instant Criminal Searches:

Several law suits have been filed regarding the “instant” criminal searches being sold on the internet. Most violate the FCRA and are designed as a non-FCRA inquiry only (i.e. Check your Mate). Some of the suits are from applicants who have had their records expunged at the court but the record still shows up on the instant search. This is because a company buys records in bulk from the courthouse and doesn’t update the data to reflect the record. Other suits center on common name “false positives”. A false positive is a positive criminal record which was found matching the name of the applicant but it is not the applicant. For example, if your applicant’s name is Mary Smith many records may return with the common name. It is the employer’s job to determine if it is the applicant or just a common name hit. If you plan on using this search use caution for the reasons stated above.

2012 Update: Most recently, the FTC issued this warning to companies providing mobile unfiltered access to the data.

A copy of the letter is on the next page:

Dear XXX:

This letter concerns your company’s mobile application(s) that may be in violation of the Fair Credit Reporting Act (“FCRA”),1 a federal law enforced by the Federal Trade Commission (“FTC”).

Under the FCRA, a company is a consumer reporting agency (“CRA”) if it assembles or evaluates information on consumers for the purpose of furnishing “consumer reports” to third parties. Consumer reports include information that relates to an individual’s character, reputation or personal characteristics and are used or expected to be used for employment, housing, credit, or other similar purposes. For example, when companies provide information to employers regarding current or prospective employees’ criminal histories, they are providing “consumer reports” because the data involves the individuals’ character, general reputation, or personal characteristics. Such companies, therefore, are acting as CRAs in this capacity and must comply with the FCRA.

CRAs must comply with several different FCRA provisions, including taking reasonable steps to ensure the maximum possible accuracy of the information provided in consumer reports. A CRA must also provide those who use its consumer reports with information about their obligations under the FCRA.4 In the case of reports provided for employment purposes, for example, the CRA must provide employers with information regarding their obligation to provide employees or applicants with notice of any adverse action taken on the basis of these reports, and to notify them of their rights to copies of the reports and to a free reinvestigation of information the consumer believes to be in error. A model notice is available in 16 Code of Federal Regulations § 698, Appendix H, which can be found here.

At least one of your company’s mobile applications involves background screening reports that include criminal histories. Employers are likely to use such criminal histories when screening job applicants. If you have reason to believe that your reports are being used for employment or other FCRA purposes, you and your customers who are using the reports for such purposes must comply with the FCRA. This is true even if you have a disclaimer on your website indicating that your reports should not be used for employment or other FCRA purposes.

We would evaluate many factors to determine if you had a reason to believe that a product is used for employment or other FCRA purposes, such as advertising placement and customer lists. At this time, we have not made a determination as to whether your company is violating the FCRA. However, we encourage you to review your mobile applications and your policies and procedures for compliance with the FCRA. You may find the full text of the FCRA and more information about the FCRA here.

The Commission reserves the right to take action against you based on past or future law violations; your practices also may be subject to laws enforced by other federal, state, or local law enforcement agencies. A violation of the FCRA may result in legal action by the FTC, in which it is entitled to seek injunctive relief and/or monetary penalties of up to $3,500 per violation.

If you have any questions, please call Anthony Rodriguez at (202) 326-2757.

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Pre-employement Screening Glossary of Terms

Posted on May 4, 2012 by admin

Pre-employment Screening Glossary

Acquittal

The legal certification of the innocence of a person who has been charged with a crime.

Adulterated

A substance that is not expected to be present in human urine that is identified in the specimen. A substance that is expected to be present in human urine is identified at a concentration so high that it is not consistent with human urine. The physical characteristics of the specimen are outside the normal expected range for human urine. Examples: Nitrates, Chromates, Hydrochloric Acid, Bleach, Agents that affect pH.

Adversary Proceeding

A lawsuit within a bankruptcy case.

Affidavit

A written statement of facts signed and sworn to in front of a notary or other qualified person.

Alcohol Use

The drinking or swallowing of any beverage, liquid mixture, or preparation, including any medication, containing alcohol.

Appeal

A request by either the defense or the prosecution that a case be removed from a lower court to a higher court in order for a completed trial to be reviewed by the higher court.

Arbitration

The process of resolving a dispute or a grievance outside of the court system by presenting it to an impartial third party or panel for a decision that may or may not be binding.

Arraignment

The formal appearance of an accused person to hear the charges against them in the presence of a judge, and then to enter a plea.

Arrest

To detain someone in legal custody.

Bail

Money or personal recognizance placed as security with the court in order to guarantee that the person who has been arrested will appear in court at the proper time.

Bankruptcy

Bankruptcy is a legal procedure designed to protect a person who is unable to pay his/her bills. Once a person files a bankruptcy petition, creditors are stopped from continuing to collect on debts until the Court has sorted them out.

Breath Alcohol Technician

A person who instructs and assists employees in the alcohol testing process and operates an evidential breath-testing device.

Change of Venue

The movement of a case from the jurisdiction of one court to that of another court which has the same subject matter jurisdictional authority but is in a different geographical location.

Chapter 13

This is a “reorganization” or “debt adjustment.” bankruptcy. This type of bankruptcy allows a person to pay debts, or parts of debts, from current income over a period of up to five years.

Chapter 7

A “straight” or “liquidation” bankruptcy. It allows a person to discharge his/her debts through a liquidation of his/her assets. Some types of debts cannot be discharged through bankruptcy. These include alimony, child support, and certain taxes.

Charge Off

Unpaid balance reported as a loss by credit grantor.

Citation

Any notice, ticket, or other official document issued by a police officer for a minor offense containing an order to appear in court at a particular time and place to answer to the charges stated.

Collection Account

Account has been assigned to a collection agency

Collector

A person who instructs and assists employees at a collection site, receives and makes an initial inspection of the specimen provided by those employees and initiates and completes the custody and control form (CCF).

Commercial Driver’s License (CDL)

A motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle
a) Has a gross combination weight rating (GCWR) of 26,001 pounds or more inclusive of a towed unit, with a gross vehicle weight or more than 10,000 pounds; or
b) Has a GVWR of 26,001 pounds or more; or
c) Is designed to transport 16 or more passengers, including the driver; or
d) Is of any size and is used in the transportation of materials found to be hazardous for the purposes of the Hazardous Materials Transportation Act and is required to be placarded under the Hazardous Materials regulations (49 CFR part 172, subpart F).

Community Service

A sentencing alternative in which offenders work without monetary compensation at public or private nonprofit agencies in the community.

Community Supervision

Classification with unrestricted day and night movement and full access to jobs and programs.

Complaint

A formal written accusation made by a person, usually a prosecutor, and filed in a court alleging that a specific person has committed a specific offense.

Compromise with Creditors

An arrangement between consumer and credit grantor to accept a lesser amount of the original balance as payment. Trade line remains on credit report for 7 years from the date of the initial missed payment that led to the delinquency.

Concurrent Sentence

A sentence that is one of two or more sentences imposed at the same time. After conviction, all or part of each term is served simultaneously. Contrast with consecutive sentence.

Conditional Release

Release in which a correctional system or other criminal justice entity maintains some supervision over the releasee for a specified period of time. Typically, it includes parole, supervised mandatory release, and supervised work furloughs.

Consecutive Sentence

A sentence that is one of two or more sentences imposed at the same time, after conviction. The sentences are served in sequence. Contrast with concurrent sentence.

Consent Decree

A court judgment in which both parties agree to work out the terms of the settlement subject to court approval.

Consortium/Third Party Administrator (C/TPA)

A service agent that provides or coordinates the provision of a variety of drug and alcohol testing services to employers. C/TPAs typically perform administrative tasks concerning the operation of the employers’ drug and alcohol testing programs. This term includes, but is not limited to, groups of employers who join together to administer, as a single entity, the DOT drug and alcohol testing program of its members. C/TPAs are not “employers” for purposes of this part.

Continuance

The cessation, interruption, or adjournment of a proceeding until a future date.

Controlled Substances

For the purpose of these guidelines, the terms “drugs” and “controlled substances” are interchangeable and have the same meaning. The DOT is testing for the following five controlled substances: marijuana (THC), cocaine, opiates, phencyclidine (PCP) and amphetamines (including methamphetamines).

Conviction

The formal decision of a criminal matter which finds the accused guilty. It is the finding of a judge or jury, on behalf of the state, that a person has, beyond a reasonable doubt, committed the crime that they were accused of.

Credit Bureau

Credit bureaus are private companies that gather and sell consumers credit histories, including bankruptcy and tax lien data, to credit-grantors such as banks or credit-card companies. The 3 major credit bureaus are Equifax, Experian and Trans Union.

Creditor

Any entity that has a monetary claim against the debtor.

Current / was 30

Current account, was 30 days late.

Current / was 30 2x

Current account, was 30 days late twice.

Current / was Coll Acct

Current account, was a collection account.

Debtor

The person who seeks relief through bankruptcy.

Defendant

The person or entity charged with having committed an offense.

Deferred Adjudication

To withhold formal judgment pending the outcome of the probation period. If an individual is given deferred adjudication and he or she successfully completes the probation and conditions assigned by the court, the charges are dismissed.

Delinquent / was 90

Account past due, was 90 days past due.

Delinquent 60

Account is past due by 60 days.

Depressants

Barbiturates “goof balls”, tranquilizers, methaqualone “ludes” and alcohol

Designated Employer Representative (DER)

An employee authorized by the employer to take immediate action(s) to remove employees from safety-sensitive duties or cause employees to be removed from these covered duties and to make required decisions in the testing and evaluation processes. The DER also received test results and other communication for the employer, consistent with the requirements of CFR 49 Part 40. Service agents cannot act as DERs.

Dilute specimen

A specimen with creatinine and specific gravity values that are lower than expected for human urine. The specific gravity is less than 1.003 and the creatinine is less than 20.

Discharge

The release of a debtor from an obligation to pay, pursuant to a bankruptcy proceeding. A “discharge” indicates the successful completion of a bankruptcy case. Or, in criminal matters, to release a person from confinement or supervision.

Dismissal

The rejection or failure of a petition for bankruptcy. When a bankruptcy case is “dismissed”, it is closed without any debts being discharged. Or, in criminal matters, termination of a criminal action or proceeding by a court.

Dismissal With Prejudice

Termination of a criminal action or proceeding by a court, by which the same cause of action cannot be brought against the defendant again at a later date.

Dismissed with prejudice

The action is over and the plaintiff can not bring the same issue back to the court.

Dismissed without prejudice

The action is over but the plaintiff retains the right to bring the issue back to the court.

Disposition

1. The final outcome or resolution of a court case or criminal matter. 2. The formal resolution of a case by a court.

Docket

A listing of all court actions in a case from its inception to its conclusion.

Driver

Any person who operates a CMV and is required to hold a CDL. This includes, but is not limited to,
–Full-time, regularly employed drivers
–Leased drivers
–Independent owner-operator contractors (employed directly or leased)
–Casual, intermittent, or occasional drivers

Drug Screen Panels Defined

5 Panel: Amphetamines, Cocaine, Marijuana, Opiates, PCP
9 Panel: Add the following: Barbiturates, Benzodiazepines, Methadone, Propoxyphene

DUI

Driving Under the Influence

DWI

Driving While Intoxicated or Impaired

Employee

Any person who is designated in a DOT agency regulation as subject to drug testing and/or alcohol testing. The term includes individuals currently performing safety sensitive functions designated in DOT agency regulations and applicants for employment subject to pre employment testing. For purposes of drug testing under this part, the term employee has the same meaning as the term “donor” as found on the custody and control form (CCF).

Employer

Any person engaged in a business affecting interstate commerce who owns or leases a commercial motor vehicle in connection with that business, or assigns employees to operate it, but such terms does not include the United States, any state, any political subdivision of a State, or an agency established under a compact between States approved by the Congress of the United States.

Expunge

To seal or purge records of arrest, criminal, or juvenile record information.

Extradition

The surrender by one jurisdiction to another of a person accused or convicted of an offense committed within the jurisdiction demanding the individual’s return.

FCRA

The Fair Credit Reporting Act (FCRA) is a federal law enforced by the Federal Trade Commission that is designed to promote accuracy and ensure the privacy of the information used in consumer reports produced by consumer reporting agencies. The FCRA contains specific requirements on the use of consumer reports for purposes of employment.

Felony

A criminal offense that is punishable by death or by incarceration in a state or federal prison, generally for one year or more. The determination of which crimes are considered felonies varies from state to state.

Filing

The commencement of criminal proceedings by entering a charging document into the official record of a court.

FMCSA

Federal Motor Carrier Safety Administration

Foreclosure

Credit grantor sold collateral to settle defaulted mortgage

Fraud

An element of certain offenses, consisting of deceit or intentional misrepresentation with the aim of illegally depriving a person of his or her property or legal rights.

Garnishment

A legal proceeding in which a debtor’s money, in the possession of another (called the garnishee), is applied to the debts of the debtor, such as when an employer garnishes a debtor’s wages.

Government Claim

Claim filed with government on defaulted student loan

Gross Combination Weight Rating

The total value specified by the manufacturer of the vehicle as the loaded weight of two or more vehicles. In the absence of a value specified by the manufacturer, it will be determined by adding the gross vehicle weight rating of the power unit to the total weight of the towed unit and any load thereon.

Gross Vehicle Weight Rating

The value specified by the manufacturer of the vehicle as the loaded weight of a single vehicle.

Guilty

The status of being responsible for or chargeable with violation of criminal law or having been adjudged by due process of violation of the law.

Hallucinogens

Lysergic acid diethylamide “LSD, acid” and phencyclidine “PCP, angel dust”

In Foreclosure

Foreclosure proceeding started.

Included in Bankruptcy

Debit included in or discharged through bankruptcy proceedings.

Indictment

A formal written accusation made by a grand jury and filed in a court, alleging that a specified person or persons committed a specific offense or offenses.

Infraction

A violation of a rule or law that is not punishable by incarceration.

Injunction

A writ requiring a person to refrain from doing a particular thing.

Judgment Lien

A lien binding the real estate of a judgment debtor in favor of the holder of the judgment. The lien attaches the debtor’s real estate.

Jurisdiction

The territory, subject matter, or person over which lawful authority may be exercised by a court or other justice agency, as determined by statute or constitution.

Laboratory

Any U.S. laboratory certified by HHS under the National Laboratory Certification Program as meeting the minimum standards of Subpart C of the HHS Mandatory Guidelines for Federal Workplace Drug Testing programs; or, in the case of foreign laboratories, a laboratory approved for participation by DOT under this part.

Larceny

Unlawful taking or attempted taking of property other than a motor vehicle from the possession of another, by stealth, without force, and without deceit, with the intent of permanently depriving the owner of the property.

Legitimate Use

Under medical supervision or for an accepted medical reason

Marijuana

Common terms it is known by include herb, pot, weed, hash, cannibinoids

Medical Review Officer (MRO)

A person who is a licensed physician and who is responsible for receiving and reviewing laboratory results generated by an employer’s drug testing program and evaluating medical explanations for certain drug test results.

Misdemeanor

A criminal offense, generally minor or petty, that is punishable by small fines or penalties or incarceration in a local jail for a year or less.

Narcotics

Heroin, morphine, opium codeine, meperidine and methadone

Negative Dilute

A specimen that lab has determined to be negative, no illegal substance is found, it is human urine, but the levels fall below normal levels. Drinking lots of fluids prior to voiding can cause this situation.

No Contest

A plea in a court in answer to a charge stated that the defendant will not contest the charge, but neither admits guilt nor claims innocence. It is tantamount to a guilty plea. Same as Nolo Contendere.

Nolle Prosequi

Voluntary dismissal of criminal charges by the state, or a formal decision by the prosecutor not to prosecute any further.

Nolo Contendere

A plea in a court in answer to a charge stated that the defendant will not contest the charge, but neither admits guilt nor claims innocence. It is tantamount to a guilty plea. Same as No Contest.

Now Paying

Subject now paying, was a charge off

On Site Collector

An individual that conducts OHS services by going to the site designated by the client.

OWI

Operating (a motor vehicle) While Intoxicated or Impaired.

Paid / was 30

Paid account, was 30 days late.

Paid / was 30 2x

Paid account, was 30 days late twice.

Paid / was Charge Off

Paid account, was a charge off.

Paid / was Coll Acct

Paid account, was a collection account.

Paid / was Foreclosure

Paid account, a foreclosure was started.

Paid / was Repo

Paid account, was a repossession.

Paid for less than full balance

Parole

The process of releasing inmates from incarceration before the end of their sentence, on conditions of supervision by a parole office and their maintenance of good behavior. If conditions are violated, the inmate may be reincarcerated.

Plaintiff

A person or company who initiates a civil court action.

Plea

A defendant’s formal answer in court to charges logged against him or her in an accusatory instrument. The occasion upon which a defendant enters such a plea to an accusatory instrument.

Plea Bargain

An agreement entered into by a prosecutor and a defendant whereby concessions generally are made (such as reduced charges or sentences)in return for a guilty plea.

Presentence Hearing

A proceeding during which the court considers relevant information, such as extenuating circumstances, held for the purpose of determining a sentence for a person convicted of an offense.

Pretrial Intervention

The Pretrial Intervention Program (PTI) provides defendants, generally first-time offenders, with opportunities for alternatives to the traditional criminal justice process of ordinary prosecution. If PTI is successfully completed, there is no record of conviction and the defendant avoids the stigma of a criminal record. Any defendant who is charged with an indictable offense may apply.

Punitive Damages

Those damages awarded over and above any compensation for actual damages. The intent is to punish the wrongdoer.

Release

A discharge of a debt or obligation.

Repossession

Merchandise taken back by credit grantor.

Restitution

1. A requirement by the court as a condition of a revocable sentence, or earlier in the criminal justice process, that the offender replaces the loss imposed by his or her offenses.
2. Money received from a probationer for payment of damages.

Restraining Order

An order from a court directing one person not to do something, such as make contact with another person. Restraining orders are typically issued in an attempt to ensure the victim’s safety.

Satisfaction

The discharge of an obligation by paying a party what is due to him.

Secretary

The Secretary of Transportation or the Secretary’s designee.

Sentence

The penalty imposed by a court upon a convicted person; the imposition and entry of sentence upon a conviction.

Sentence withheld

A court decision postponing the execution of a sentence and discharging the defendant conditional upon good behavior.

Service Agent

Any person or entity, other than an employee of the employer, that provided services specified under the regulations to employers and/or employees in connection with DOT drug and alcohol testing requirements.

Stand-Down

The practice of temporarily removing an employee from the performance of safety-sensitive functions based only on a report from a laboratory to the medical review officer (MRO) of a confirmed positive test, an adulterated test, or a substituted test, before the MRO has completed verification of the test results.

Status Date

This is the date the account or tradeline reached the status indicated in the Notes column.

Stimulants

Amphetamines “speed,” cocaine, nicotine and caffeine

Substance Abuse Professional

A person who evaluates employees who have violated a DOT drug and alcohol regulation and makes recommendations concerning education, treatment, follow-up testing and aftercare.

Summary Conviction

A finding of guilt by a magistrate or judge, without a jury, of a person accused of a misdemeanor or violation.

Summary Judgment

The decision of a court concerning merits of a lawsuit, where upon review of the facts, it is determined that the party who made the motion for summary judgment is entitled to judgment.

Summons

A written order issued by a judicial officer requiring a person accused of a criminal offense to appear n a designated court at a specified time to answer the charge or charges.

Suspended Sentence

A court decision postponing the execution of a sentence and discharging the defendant conditional upon good behavior.

Tax Lien

A lien on real estate in favor of federal, state or local government which may be foreclosed for nonpayment of taxes.

Tort

An injury or wrong committed on the person or property of another. A tort is an infringement on the rights of an individual, but not founded on a contract. The most common tort action is a suit for damages sustained in an automobile accident.

Traffic Offenses

A group of offenses usually consisting of those infractions and very minor misdemeanors relating to the operation of self-propelled surface motor vehicles. Violators of these laws may incur fines, loss of license, or imprisonment.

Unconditional Discharge

A sentence where the court is authorized to release the defendant without fine, imprisonment, or probation supervision if the court of the opinion that no proper purpose would be served by imposing any condition on the defendant’s release.

Vacate

To annul; to set aside; to cancel or rescind; to render an act void, as to vacate an entry of record or a judgment.

Warrant

A document issued by a court or releasing authority directing the arrest or taking into custody of a person to bring him or her before the court or releasing authority. There are two main types of warrants: arrest warrant and search warrant.

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Performance Review

Posted on May 4, 2012 by admin

NANNY PERFORMANCE REVIEW

FAMILY________________________________

NANNY ________________________________

REVIEW PERIOD _______________ to _______________. DATE OF REVIEW: _________

SCALE: 4=EXCELLENT 3=GOOD 2=FAIR 1=POOR (NEEDS IMPROVEMENT)

SCORE (EXPLAIN OR USE BELOW SPACE)

N/A =DOES NOT APPLY

1. ATTENDANCE

2. PUNCTUAL

3. WORKS INDEPENDENTLY

4. WORKS WELL WITH CHILDREN

5. GENERAL ATTITUDE

6. FLEXIBLE WITH SCHEDULE

7. COMMUNICATION W/PARENTS

8. MAKES SUGGESTIONS

9. KEEPS PAPERWORK UP TO DATE

10. DISCIPLINE STYLE CONSISTENT W/FAMILY

11. TAKES INITIATIVE IN ACTIVITIES

12. PROMOTES EDUCATIONAL ACTIVITIES

13. SUPERVISION OF CHILDREN

14. KEEPS WORK AREAS CLEAN

15. RESPECTS FAMILY CUSTOMS/PROCEDURES

16. REACTS APPROPRIATELY TO PROBLEMS

17. ANTICIPATES AND RECOGNIZES PROBLEMS

18. KEEPS FAMILY CAR CLEAN

19. FOLLOWS WRITTEN FAMILY AGREEMENT

20. OTHER

______

Family Additional:

______________________________________________________________

Nanny Additional

______________________________________________________________

Amendments to written contract:

A.______________________________________________________________

B.______________________________________________________________

C.______________________________________________________________

D.______________________________________________________________

Nanny’s Signature: Date:_________________________________________

Parent (s): _________________________________________________

Copy to Nanny

Personnel

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Overcoming Obstacle in Reference Checking

Posted on May 4, 2012 by admin

OVERCOMING OBSTACLES TO CHECKING REFERENCE

Recent Human Resource studies reveal more than half of all job applicants misrepresent information on their resumes.
Reference checking is one of the best ways to determine the truth, and if done properly, can confirm the applicant’s credentials and previous accomplishments.
Reference information may be obtained from various sources including: previous employers, personal references, character references or educational references.

Why Use the Telephone

The ideal way to conduct such a reference check would be by personal visit, but since this often is not possible a telephone check is adequate.

Letters or forms rarely uncover negative information. People hesitate to write comments they might give either in person or by telephone.
Because of the stylized approach of form letters, the necessary information you are seeking may not be elicited.
A telephone check can be guided into different avenues depending on how the reference reacts to your questions. This provides much more flexibility than does a written response.

The Actual Phone Call

Call the person who had direct supervision over the applicant. Only attempt to get reference information; secondhand as a last resort.
For instance, do not first try to get information from someone in the Human Resources Office. The Human Resources Office or the Payroll Department can verify dates of employment and termination,
but they are not usually in a position to give valuable information regarding the job applicant’s former work habits, performance, personal habits, etc.

Employers typically view the resume/application as a factual document while applicants view it as a necessary evil needed to obtain a job.
With this contrasting view, and a highly competitive employment market, applicants may be tempted to conceal or misrepresent the facts in order to put
themselves in a favorable hiring position. History has shown, applicants will not reveal their shortcomings; it is the employer’s job
to find the facts and make a proper hiring decision. Now more than ever, is it vitally important to complete a proper background check for
critical childcare positions. Agency owners and families must complete a
thorough background investigation in order to eliminate applicants that will not be compatible with the family’s requirements.

Reference checking is a vital and important tool of any background investigation.
Many families prefer to contact references themselves so they can tailor their questions to the needs of the family.
Being the interviewer allows them to ask the specific questions that are vitally important to the family.

Due to recent litigation and downsizing, many large corporations have made it more difficult to the check the applicant’s references.
Some only confirm dates, position and salary. Some have reduced their HR departments and utilize automated reference checking companies.
When checking and verifying references this is only one of the many obstacles families/agencies may encounter, some others include:

The former company has gone out of business

Even though the company has gone out of business ask the applicant if they know where their former supervisor works or ask for another supervisor who is familiar with the applicant.
Even if a company goes out of business the ex-employees may be located.

The applicant is currently employed and does not want you to contact their current employer.

Even though this is common, ask the applicant for someone else to contact–possibly someone who has left the company: former co-workers, retirees,
clients, customers etc. in order to confirm the information.
An employer’s reference checking ability can extend to these parties if they are trusted not to reveal the information to the current employer.

Self-employment

Some applicants list self-employment to cover unemployment–contact the appropriate state agencies to confirm
the structure of the business (secretary of state, corporate records, LLC, sole proprietor, d.b.a.’s, partners, etc.)

Omitting certain employers

When interviewing a reference one may find out the applicant has omitted certain employers from their resume.
This may or may not be significant, however investigate a little further to find out why it was left out.

Coaching certain reference or bogus references

When contacting personal references some may be coached, rehearsed or unreachable. Always ask if there is anyone else that is would be willing to provide
information about the applicant. It is important to contact references developed from the investigation and not exclusively the references listed on the resume.

Supervisor won’t return calls

Send a written request to the HR Director or contact another supervisor. Written requests have a low return rate but it is worth the effort.
If the supervisor/reference is working non-business hours ask them to leave a recorded message confirming the information.
A response is better than no response.

Educational Records

A high percentage of applicants falsify their education achievements. A majority of schools will only confirm dates of attendance and degree.
Depending on the school’s policy, some will verify information over the phone, via fax or mail. Some institutions have partnered with automated verification services,
similar to the automated employment verifications. (see section on verifying Education records)

Reference checking can be tedious and at times frustrating. Sometimes the interviewer/investigator has to be creative in order to confirm the provided information.
Reference checking is an excellent tool and should be one of many inquires in order to complete a thorough background check.

Phone Cell Phone or Landline

An applicant may provide a friends contact number to provide reference verification.
When this occurs, the friend is usually very general in terms of their responses.
If you suspect a “coached or bogus” reference ask specific questions such as: Names of the children the applicant cared for or the street the employer was on.
Delays in easy answers may signal a bogus reference. Also ask for landline numbers of previous employers.
To determine if a number is not a cell number. Go to www.Fonfinder.com and type in the number prefix and the first three digits of the number.
This will tell you which telco operates the number and whether or not it’s a landline or cell.
Use caution with the site as recently ported numbers may no accurately reflect the status of the telephone number.

a-wrapper

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Orientation Sheet

Posted on May 4, 2012 by admin

ORIENTATION (NEW HIRE TRAINING CHECKLIST)

Household employees need to know how to operate access and disable certain appliances in the home should there be an emergency:

LOCATION	DATE/CODE/MISC.	DATE/CODE/MISC	EMPL. INITIALS
WATER HEATER
SECURITY SYSTEM
PHONE / INTERCOM
KITCHEN APPLIANCES
POOL OPERATION
FUSE BOX
WATER SHUT OFF
GAS SHUT OFF VALVE
EXTRA KEYS
FIRE EXTINGUISHER (S)
OFFICE EQUIPMENT
FIRST AID KIT
GARAGE DOOR OPERATION
SPRINKLER SYSTEM SHUT OFF
CCTV CAMERA SYSTEM
BABY MONITORING SYSTEM
SECURED GATED SYSTEM
ANSWERING DOOR

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Official Disciplinary Notice

Posted on May 4, 2012 by admin

OFFICIAL DISCIPLINARY NOTICE

Distribution: One copy to Employee, one copy to Employer and original to Personnel File

_________________________
Name

_________________________
Month / Year

Check One:

Written Warning
Final Warning

1.) Statement of the problem:

2.) Prior discussion or warnings on this subject, whether oral or written:

3.)Employer policy on this subject:

4.)Summary of corrective action to be taken by the family and/or employee:

5.)Consequences of failure to improve performance or correct behavior:

6.)Employee Statement:

_________________________ Employee	_________________________ Date
_________________________ Employee	_________________________ Date

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