Who Gets Fired when the Employee Background Check was Deficient?

         

DATE: September 16, 2019
CONTACT:  Paul Dank  (888) 817-8282

 

So before we get the answer to the big question, lets preface it with some realities about how most employers treat the employee background check process. This should help to get the stage set properly for you to answer from an informed standpoint.

Fact #1. Unfortunately, many employers and HR professional really don’t really know what makes for a good employee background check or a bad one.

Usually they know that you need a signed release from the employee to run a credit check on them and usually know that you can only look back so many years on criminal convictions. After that, things tend to get fuzzy quickly. The really disappointing part of that knowledge gap is that the employee background check providers are excellent at making up unique names for their special variation of each search. They create “national” or “nationwide” searches (note many ** appear next to these) or they create “levels” and packages that provide generalized descriptions of what they include, but what is essential to remember is that all you are really getting from them is their disclaimer. It will say very clearly that they are not guaranteeing that they will find all records for your applicant and that the results are based on those places they choose to look. Meaning, if they don’t look in all the places where a certain type of record can be found, they can report that the applicant is all clear, and you go and hire them! Talk about having the fox guard the henhouse. Quite naturally, what they then do is go with the least expensive possible automated search that they can find and provide that to you, while trying to keep a straight face. All they must do is keep you in the dark as to the limitations of their search and if something goes wrong, it’s not their problem, see their disclaimer!

Fact #2. Despite the fact that there are many automated, web-based employee background check sites available to choose from, an instant, automated employee background check is not the same as a real employee background check.

The truth is, although many more of the records that go into an employee background check are being automated, the majority of those records are still not available for instant search. Further, and maybe more importantly, is that many, many records don’t automatically connect to the applicant. Not every record contains a full name, address, date of birth and the like. A real researcher might be needed to check and verify things, so instant and automated isn’t an option when accuracy and a search of the right record sets matters. This is particularly true for people with common names living in densely populated areas. (Imagine searching for Mike Jones in Cook County Illinois.) So, as much as we want to say that software, or AI-enabled searches alone will give you a true and complete employee background check, it won’t. Check back in 20 years.

Fact #3. If you’re a small or mid-sized business who doesn’t hire that often, the vast majority of employee screening vendors truly don’t care about you. They care about the big employers.

In the employee background check industry, size matters most to the employee screeners. As much as they might say that the want your business, they really want bulk orders and the searches to be simple (and preferably free!). The name of the game is bulk for them. They usually want as much business as possible and to be able to create ways to come up with cheap pricing to attract more clients who don’t really understand what should go into an employee background check. Growth is what matters, not protecting you. They don’t want to pay staff for you to call, and when you get someone on the phone about an issue or question, that person has never seen the background check your calling about. In the end, they would truly prefer that you don’t call unless you’re spending tens of thousands of dollars each month.

Now comes the big question lead up. The employee background check was deficient and the person who looked like a good apple turned out to be a bad apple. Not only was time and money wasted with on-boarding them, but after completing training, this employee failed to do important things, did other important things wrong, stirred up a number of co-workers and hurt morale, finally costing the company a big client. All while simultaneously drawing in a liability law suit against the company. The really bad news is that a real employee background check, not the one used during hiring, turned up a number of red flags that would not have allowed that person to be hired in the first place, and those red flags were very predictive of the behavior you just encountered first hand.

So does the HR professional get fired because they are supposed to know what a real employee background check should be comprised of? Is it the controller or CFO who decided that an employee background check shouldn’t cost more than $30.00 and capped what could be spent on the service? Is it the owner who, knowing very little about HR or the employee background check process, who said that the labor market is tight, so as long as they aren’t a felon, hire them if they interview ok?

Paul Dank, PCI, CFE

Paul is the President of Background Check Central, a specialized employee screening and corporate investigation agency with global reach, based in Metro-Detroit. For information about Paul’s services, please visit http://www.BackgroundCheckCentral.com or call him directly at 888-817-8282

Plunkett Cooney Attorneys Among 2020 ‘Best Lawyers in America’

DATE: August 30, 2019
CONTACT: John Cornwell (248) 901-4008

 

Bloomfield Hills, MI — August 30, 2019 — Twenty five Plunkett Cooney attorneys were recently selected by their peers for inclusion in the 2020 edition of The Best Lawyers in America®.

First published in 1983, Best Lawyers is based on an exhaustive peer-review survey in which lawyers within their own geographic region nominate their peers. These lawyers are not allowed to select nominees from the same area(s) in which they practice. Inclusion in Best Lawyers (Copyright 2018 by Woodward/White, Inc., of Aiken, SC) is considered a singular honor because lawyers are not required or allowed to pay a fee to be selected.

In addition to inclusion on the list this year, David K. Otis (Lansing, Michigan) received the “Lawyer of the Year” honor from Best Lawyers, a designation awarded to only a single attorney in each practice area in each community, in the area of Municipal Litigation.

Below is the complete list of Plunkett Cooney attorneys who have received the 2020 Best Lawyers designation:

Plunkett Cooney’s Bloomfield Hills, Michigan Best Lawyers:

  • Michael P. Ashcraft (partner) – Legal Malpractice Law. Ashcraft has the distinction of being named to the Best Lawyers list for over 10 years.
  • Douglas C. Bernstein (partner) – Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law / Mortgage Banking Foreclosure Law / Real Estate Law
  • William D. Booth (of counsel) – Personal Injury Litigation. Booth has the distinction of being named to the Best Lawyers list for over 30 years.
  • Charles W. Browning (partner) – Insurance Law. Browning has the distinction of being named to the Best Lawyers list for over 10 years.
  • Lawrence R. Donaldson (of counsel) – Professional Malpractice Law
  • Michael A. Fleming (partner) – Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law
  • Jeffrey C. Gerish (partner) – Appellate Law
  • Robert G. Kamenec (partner) – Appellate Practice. Kamenec has the distinction of being named to the Best Lawyers list for over 10 years.
  • Mark S. Kopson (partner) – Health Care Law
  • David A. Lerner (partner) – Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law
  • Mary Massaron (partner) – Appellate Law. Massaron has the distinction of being named to the Best Lawyers list for over 10 years.
  • Saulius K. Mikalonis (senior attorney) – Environmental Law
  • Kenneth C. Newa (partner) – Insurance Law
  • Scott H. Sirich (partner) – Construction Law and LitigationThomas P. Vincent (President & CEO) – Commercial Litigation

Plunkett Cooney’s Columbus, Ohio Best Lawyers:

  • Amelia A. Bower (partner) – Real Estate Litigation
  • Daniel J. Hurley (senior attorney) – Insurance Law and Personal Injury Litigation

Plunkett Cooney’s Detroit, Michigan Best Lawyers:

  • Jennifer Andreou (partner) – Medical Malpractice Law
  • Laurel F. McGiffert (partner) – Medical Malpractice Law
  • Claudia D. Orr (senior attorney) – Employment Law, Labor and Employment Litigation
  • Stanley A. Prokop (of counsel) – Insurance Law
  • Mary Catherine Rentz (partner) – Insurance Law

Plunkett Cooney’s East Lansing, Michigan Best Lawyer:

  • David K. Otis (partner) – Municipal Litigation and Law. Otis has the distinction of being named to the Best Lawyers list for over 10 years.

Plunkett Cooney’s Kalamazoo, Michigan Best Lawyer:

  • Michael S. Bogren (partner) – Municipal Law and Litigation. Bogren has the distinction of being named to the Best Lawyers list for over 10 years.

Plunkett Cooney’s Petoskey, Michigan Best Lawyer:

  • Jerome A. Galante (partner) – Personal Injury Litigation. Galante has the distinction of being named to the Best Lawyers list for over 10 years.

Established in 1913, Plunkett Cooney is a leading provider of business and litigation services to clients in the private and public sectors. The firm employs approximately 140 attorneys in eight Michigan cities, Chicago, Illinois, Columbus, Ohio and Indianapolis, Indiana. Plunkett Cooney has achieved the highest rating (AV) awarded by Martindale-Hubbell, a leading, international directory of law firms. The firm was also recently selected by Crain’s Detroit Business as its inaugural Law Firm of the Year and as a Cool Place to Work!

Best Lawyers Academic Professional Affiliations 2019 (for 2020 List)

For more information about Plunkett Cooney’s 2020 “Best Lawyers in America,” contact the firm’s Director of Marketing and Business Development John Cornwell at (248) 901-4008; jcornwell@plunkettcooney.com.

Plunkett Cooney ranks among Michigan’s ‘Cool Places to Work!’

FOR IMMEDIATE RELEASE
DATE:  August 27, 2019
CONTACT:  John E. Cornwell (248) 901-4008

 

BLOOMFIELD HILLS, Mich. – August 27, 2019 – Plunkett Cooney, one of the oldest and largest law firms in the Midwest, was recently named by Crain’s Detroit Business as one of its 2019 Cool Places to Work in Michigan.

This is the firm’s first appearance on the annual Crain’s list, which recognizes the state’s top 100 coolest workplaces based on such factors as employee satisfaction, employee benefits, company policies and more. Plunkett Cooney’s President & CEO Thomas P. Vincent said landing on the list is, well… pretty cool.

“We’re really excited to be selected by Crain’s as a Cool Place to Work,” Vincent said.  “We work hard for our clients, but it’s important to take time out to have some fun too. Our management team is focused on making the firm the kind of place where people want to spend their careers.”

The Cool Places to Work program includes a two-part evaluation process consisting of company and employee surveys. The combined scores determine the top companies and final rankings. Best Companies Group, a research firm for more than 70 Best Places to Work programs worldwide, manages the Cool Places process for Crain’s, including analysis of the survey data.

Plunkett Cooney maintains a firm wide “Great Place to Work” program to enhance the work experience for all employees. This program goes beyond compensation and the traditional benefits packages offered by most companies. The program includes opportunities for continuing education, special events, employee convenience services, diversity recruitment and retention, mentoring, wellness programs and much more.

Plunkett Cooney has also been recognized by other organizations for its ongoing efforts to create a better workplace, including the Detroit Free Press, which previously named the firm to its list of “Top Places to Work” and the Michigan Business & Professional Association, which named the firm one of its “101 Best & Brightest Places to Work For.”

Established in 1913, Plunkett Cooney is a leading provider of business and litigation services to clients in the private and public sectors. The firm employs approximately 140 attorneys in eight Michigan cities, Chicago, Illinois, Columbus, Ohio and Indianapolis, Indiana. Plunkett Cooney has achieved the highest rating (AV) awarded by Martindale-Hubbell, a leading, international directory of law firms. The firm was also recently selected by Crain’s Detroit Business as its inaugural Law Firm of the Year.

For more information about Plunkett Cooney’s Cool Place to Work designation, contact the firm’s Director of Marketing and Business Development John Cornwell at (248) 901-4008; jcornwell@plunkettcooney.com.

Murray Elected Chair of Mackinac Island Community Foundation

FOR IMMEDIATE RELEASE
DATE:  August 20, 2019
CONTACT:  John E. Cornwell (248) 901-4008

 

PETOSKEY, Mich. – August 20, 2019 – James J. Murray, managing partner of the Petoskey office of Plunkett Cooney, one of the Midwest’s oldest and largest law firms, was recently elected chair of the Mackinac Island Community Foundation Board of Trustees.

As a member of the board for the past four years, Murray was serving as the Foundation’s Treasurer at the time of his election. According to Murray, his service to the Mackinac Island Community Foundation is both an honor and a family affair.

“My family’s history on the Island dates back to 1839. I met and married my wife, Trish, on Mackinac Island, and my daughter will be married at St. Anne’s Catholic Church this October, where we were married 32 years ago,” said Murray. “I also have the honor of representing many Island families and businesses. I’m grateful for the opportunity to give something back to this amazing island community and to continue efforts to improve the quality of life of those who live, work and enjoy the Island I love so much.”

The Mackinac Island Community Foundation is a not-for-profit organization dedicated to improving and enriching the lives of residents and visitors of Mackinac Island. Murray noted that the foundation recently enjoyed its 25th anniversary. With the support of Island residents, visitors and many others who support its mission, the foundation has raised almost $14 million. The foundation promotes the general well-being of Island residents and visitors by working in community partnerships to generate endowed and unendowed funds and to stimulate community-wide initiatives such as the city’s recent endeavor to build additional housing to support the Island community.

Murray, who joined Plunkett Cooney in 1984, is a member of the firm’s Business and Governmental Law and Banking practice groups. His clients include closely-held businesses, real estate developers, hotels, municipalities and many other local businesses on the Island, including a ferry boat company. A 1985 graduate of the Detroit College of Law, he also has an active estate planning practice representing individuals and institutions in probate and estate litigation and administration and overall assistance with many businesses’ succession planning needs.

Established in 1913, Plunkett Cooney is a leading provider of business and litigation services to clients in the private and public sectors. The firm employs approximately 140 attorneys in eight Michigan cities, Chicago, Illinois; Columbus, Ohio; and Indianapolis, Indiana. Plunkett Cooney has achieved the highest rating (AV) awarded by Martindale-Hubbell, a leading, international directory of law firms. The firm was also recently selected by Crain’s Detroit Business as its inaugural Law Firm of the Year.

For more information about James J. Murray and his service on the Mackinac Island Community Foundation Board, contact the firm’s Director of Marketing and Business Development John Cornwell at (248) 901-4008; jcornwell@plunkettcooney.com.

Register for the Eastern Michigan University Fall SHRM-CP and SHRM-SCP Prep Classes

By: Eastern Michigan University

 

Advance your Career with SHRM Certification

Earn your SHRM Certified Professional (SHRM-CP™) and SHRM Senior Certified Professional (SHRM-SCP™) certifications. Open doors for advancement and signal to employers your advanced professional development. Eastern Michigan University in co-sponsorship with DSHRM is offering SHRM Learning System® for Fall 2019 for $1,200, including your copy of the 2019 SHRM LS modules plus SHRM Certification online resources that include over 1000 practice questions, at the following locations:

  • Ann Arbor: Thursdays, 6–9 p.m., September 26-December 12
  • Livonia: Mondays, 6–9 p.m., September 23-December 9
  • Troy: Wednesdays, 6–9 p.m., September 25-December 11
  • Lansing: Tuesdays, 6-9pm, September 24-December 10

For  more information contact Dr. Fraya Wagner-Marsh, SHRM-SCP, GPHR, SPHR, at fwagnerm@emich.edu or 734-487-3240

Business/Strategic HR Recertification Courses

If you’re an HR professional with strategic-planning or policy-making responsibilities and need SHRM or HRCI recertification business/strategic credit hours, EMU is a preferred provider. EMU offers three five-week non-credit online courses during the year and they are pre-approved for the HRCI business/strategic credits or SHRM credits. The Fall course is described below. Business Law will be available in the Spring and Strategic Marketing next summer.

Financial Management for HR Professionals – October 1 – November 12 – Online

Learn to describe the fundamentals underlying the flow of financial information used for the preparation and interpretation of financial statements. Learn how to use financial information to make decisions about how assets are employed within organizations. $550 including materials.

For more information, contact Dr. Fraya Wagner-Marsh, SHRM-SCP, GPHR, SPHR at fwagnerm@emich.edu or Jaclyn Hasselzahl at jhassenz@emich.edu (734-487-9045). Register at http://www.emich.edu/extended/training/professional-development/hr_training/

Van Hyfte joins Plunkett Cooney’s Commercial Litigation Practice Group

Contact: John Cornwell at (248) 901-4008

  

BLOOMFIELD HILLS, Mich. – August 9, 2019 – Associate attorney Laura A. Van Hyfte recently joined Plunkett Cooney, one of the oldest and largest law firms in the Midwest, as the newest member of the firm’s Commercial Litigation Practice Group.

Van Hyfte has particular expertise in the areas of real property, contract disputes and resort-area land use and development. A member of the firm’s Bloomfield Hills office, Van Hyfte also has experience handling issues involving downtown development authorities, municipal planning and TIF funding.

Admitted to practice before the state and federal courts in Michigan and before the tribal courts of Little River Band of Ottawa Indians, Van Hyfte received both her law and undergraduate degrees from the University of Michigan.

Plunkett Cooney’s Commercial Litigation Practice Group represents a broad range of clients in litigation, arbitration and other forms of alternative dispute resolution concerning matters that arise while conducting business. Practice group members have extensive experience in matters involving contract disputes, business torts, real estate disputes, business ownership conflicts, bankruptcy, antitrust claims, corporate compliance issues, tax and finance issues, commercial collections, commercial landlord tenant, civil RICO, ERISA, intellectual property claims and many other areas.

Established in 1913, Plunkett Cooney is a leading provider of business and litigation services to clients in the private and public sectors. The firm employs approximately 140 attorneys in eight Michigan cities, Chicago, Illinois, Columbus, Ohio and Indianapolis, Indiana. Plunkett Cooney has achieved the highest rating (AV) awarded by Martindale-Hubbell, a leading, international directory of law firms. The firm was also recently selected by Crain’s Detroit Business as its inaugural Law Firm of the Year.

For more information about Laura Van Hyfte joining Plunkett Cooney, contact the firm’s Director of Marketing and Business Development John Cornwell at (248) 901-4008; jcornwell@plunkettcooney.com.

                       

     

Bourjaily joins Plunkett Cooney’s Trusts, Estates Group

Contact: John Cornwell, (248) 901-4008

 

BLOOMFIELD HILLS, Mich. – August 2, 2019 – Attorney Ryan P. Bourjaily is the newest member of the Trusts & Estates Practice Group of Plunkett Cooney – one of the oldest and largest law firms in the Midwest.

Bourjaily, who recently joined the firm as an associate in the firm’s Bloomfield Hills office, focuses his practice on litigating probate, trust and estate matters. He represents a range of clients in claims involving alleged breach of fiduciary duty, undue influence, lack of mental capacity, fiduciary removal and surcharge, as well as will/trust contests. He also advises clients regarding trust and estate administrations, protective proceedings and estate planning.

Selected as a “Rising Star” in estate and trust litigation by Michigan Super Lawyers magazine in 2019, Bourjaily received his law degree from Western Michigan University Cooley Law School in 2014. He is also a member of the Probate & Estate Planning Section of the State Bar of Michigan. Bourjaily received his undergraduate degree from Albion College in 2011.

The members of Plunkett Cooney’s Trusts & Estates Practice Group focus their practice exclusively in the area of estate planning. They have particular expertise in drafting trusts and wills, managing estates, administering trusts, preserving assets, addressing tax sensitive distribution of assets to beneficiaries, planning for retirement and planning for effective asset protection. They assist with the selection process for guardians, and they utilize sophisticated techniques for tax and succession planning to the benefit of their clients.

Established in 1913, Plunkett Cooney is a leading provider of business and litigation services to clients in the private and public sectors. The firm employs approximately 140 attorneys in eight Michigan cities, Chicago, Illinois, Columbus, Ohio and Indianapolis, Indiana. Plunkett Cooney has achieved the highest rating (AV) awarded by Martindale-Hubbell, a leading, international directory of law firms. The firm was also recently selected by Crain’s Detroit Business as its inaugural Law Firm of the Year.

 

For more information about Ryan Bourjaily joining Plunkett Cooney, contact the firm’s Director of Marketing and Business Development John Cornwell at (248) 901-4008; jcornwell@plunkettcooney.com.

Merces Consulting Group and Michigan Manufacturer’s Association Conducting Time Off, Retirement and Fringe Benefit Survey

By: Merces Consulting Group

 

DATE:  July 31, 2019
CONTACT:  Linda Budd, 248-721-9561

 

Participants are sought for Time Off, Retirement and Fringe Benefit Survey that is currently being conducted, and your participation is welcomed.

All participants receive a free summary report, as well as a purchase discount for the full report. The survey covers topics such as vacation/paid time off and retirement programs, tuition assistance, employee wellness and other benefits.

If you would like a copy of the questionnaire or have any questions, please contact Linda Budd, Merces’ Survey Administrator, at 248-721-9561. The survey deadline is Friday, August 9th.

American Society of Employers (ASE) Presents Annual Employment Law Conference on August 15th

Media Contact: Heather Nezich, Communications Manager, ASE, hnezich@aseonline.org, 248.223.8040

Conference focuses on the challenges of HR professionals navigating the ever changing legal landscape.

Livonia, Mich. – July 16, 2019 – The  American Society of Employers (ASE), one of the nation’s oldest and largest employer associations, will update attendees on the latest employment law trends and regulations at its annual Employment Law Conference to be held Thursday, August 15, at the VisTaTech Center at Schoolcraft College in Livonia.

“The legal landscape for employers is ever changing,” stated Corrado.  “This conference provides updates and guidance on today’s employment trends and how to be more effective and compliant in day-to-day HR activities.  All sessions are led by leading lawyers in Southeast Michigan.”

The Employment Law Conference will feature a legislative update on Federal and State laws, attorney-led panel for an “Ask the Panel” session, and specialized breakout sessions that give the latest updates on the laws and regulations that impact the day-to-day employer/employee relationship. Sessions will include:

  • Legislative Update: Federal and Michigan
  • Keeping up with Equal Pay and Pay Disparity Laws
  • Biometrics and Employer Liability
  • Immigration Compliance and Enforcement
  • When Employee Rights Collide: LGBT Rights Under the Law
  • The Trump NLRB – The Dos and Don’ts That All Employers Must Know About!
  • Accommodations Galore: ADA, Pregnancy, USERRA, Religion and More
  • Ask the Panel:  Everything You Wanted to Know from Your Legal Counsel and Didn’t Want to Pay For
  • A Survival Guide to Understanding Risk in the Age of AI
  • How to Manage Paid Sick Leaves
  • #MeToo in Today’s Workplace

Law firms presenting include Clark Hill PLC; Ogletree Deakins; Fragomen; Nemeth Law PC; Foster Swift Collins & Smith PC; Dinsmore & Shohl LLP; Seyfarth Shaw; Jackson Lewis PC; and Jacqulyn G. Schulte, PLC.

For a complete Employment Law Conference agenda and registration information, please visit https://www.aseonline.org/Conferences-Events/Employment-Law. Early bird registration ends July 20th.


About the American Society of Employers (ASE) – a Centennial Organization

The American Society of Employers (ASE) is a not-for-profit trade association providing people-management information and services to Michigan employers. Since 1902, member organizations have relied on ASE to be their single, cost-effective source for information and support, helping to grow their bottom line by enhancing the effectiveness of their people. Learn more about ASE at www.aseonline.org.