Tenant Screening Services, LLC

America‘s largest source of Instant background checks since 1982

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The Honest Way to Give a Job Reference

There will be times that you will receive requests asking for references of former employees. If the referenced employee was a good employee and left on good terms, this will not be a difficult situation for you. However, if the employee was terminated or left on bad terms, then what you will say could be tempered by the events of his leaving. Either way, you need to be careful regarding what you relay when providing a reference for a former employee.

Several basic guidelines will keep you and your company out of hot water when providing employee references. You need to be honest, but you also need to be careful. Brief answers are the best approach and some company policies will only allow that you give their job title, dates of employment and final salary when giving references. This is the safest route to take, even if the employee was a good employee.

Reference Format

When giving a written or verbal reference, give the bare facts, as well as true assessment, of the employee’s performance. Provide a brief overview of his performance in the position that he held while under your employ. This can include date of employment, his enthusiasm and ability to do the job, his honesty and integrity, and the reason that he has left employment with your company.

Just the Facts

Give only accurate and easily documented information about the former employee. Do not go into the bad qualities of the employee and be careful not to be drawn into a lengthy conversation. The requester will often try to find out more information than you need to give, which can cause you problems if you fall into this trap.

Designated Personnel

Have one person that you trust handle these types of inquiries and make sure that the reference checkers are directed to them. Policy regarding references should be clear so that a subordinate does not get on the phone and tell the prospective employer all of the foibles of a terminated employee or give a bad reference because they had a bad working relationship.

Again, reference checkers can be sneaky and try to find an employee at your company who will tell all. This could ultimately get you in a bad situation legally if the former employee fails to get the job and the bad referral can be pinned on your company.

Documentation

Implement a policy that all references are to be recorded and saved. This will give you supporting documentation in the event that the former employee claims that you sabotaged his being hired by the a new employer. Be consistent in your practice of providing references.

Be Honest

Honesty is always the best policy. You can provide negative information on a former employee as long as the information is not malicious and is fact-based. It is best to give the good with the bad, though, when the reference is for an employee who was above par, or for one who was terminated or left on bad terms.

A termination of an employee should have been documented, thereby providing you substantiating information regarding the termination. This information can afford you protection. It is also best to tell the checker that you do not wish for the information to be shared with the employee, thus providing you a level of confidentiality.

  The best practice for providing references for former employees is consistency. By carrying out this function the same way each time, your company can be protected from those who may use negative information as legal recourse against you.

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Validating the Tenant Reference

The potential tenant seems very likable. Like a nice and respectable working guy who will not give any landlord like yourself problems. You’d be happy to lease to him, right…?

However, don’t we all put our best foot forward when trying to give a good impression? Tenant screening takes more than a one-on-one with your applicant. It needs a more tedious yet practical approach that will benefit you in the long run.

The Value of Reference Checks

Doing tenant background checks, or hiring companies that offer the service, is one legal way to learn more about your tenant, done within ethical limits. Do choose a reputable background check company to make sure you are getting your money’s worth.

Still, background check reports don’t include information like a penchant for loud parties, often-delayed payments or disregard of tenant rules and regulations. Therefore, a reference check should always be in order whenever one applies for lease. It is very good practice to ask for a list of references. Why? Because they may be able to give you more information that you otherwise won’t find in the reports.

The Right References

Let the applicant know the specific references you need. The list should include contact details of his employer, or former employer should he happen to claim to be new at his job, and a former landlord. Tell him that a friend will not be accepted as a valid reference. A friend, in all likelihood, will give you a glowing picture of the applicant. You need facts, not a biased view.

How the applicant has/had been an employee is not a matter you should be privy to. Simply confirm employment details such as period of employment, job title and final salary. Many companies do implement a No-Comment policy so some give period of employment and nothing else. At least, you are able to confirm employment and, hopefully, position, so you can assess his ability to afford the lease and pay regularly. If his employment history does not show him drifting from one job to another, it won’t affect his ability to pay in the future.

Who best to talk about someone as a tenant, though, than his former landlord? Tenancy period should be easy to confirm then, but there are more factors that should affect your decision to accept or reject application. The landlord should have leased to him for a considerable amount of time, enough to talk about how he was as a tenant – Did he pay rent regularly, get along with his neighbors, keep the premises in good condition? Had he conducted any criminal or prohibited acts while there? These are information that any landlord should know.

Not all references have the time to receive your call, though. So an alternative is to let the tenant know what you would like to find out from his references who will then fashion letters based on the information you need. Have these sent to you via regular mail or email. You can still contact the references simply to confirm if they have indeed written them.

Validating References

To make sure you are talking to the right person on the phone, this is where a little background check on the employer or landlord is needed. It should be nothing that would be considered as unethical and an invasion of privacy. Make the candidate aware of this plan ahead of time.

Find out if an actual company exists, owns the correct phone numbers, and has a real person bearing the suggested reference’s name working for the company. Get a directory or Google the company, the address, the phone number, even the reference person. Do this as well when checking on the former landlord. If you are updated, then you know that many landlords also now use social media and chances are, you will find the former landlord or their home-provider business online. Visit the areas, if you must.

Let the tenant know as well that you need references who have already agreed to talk about him. This can help avoid awkward moments of trying to get information and them dodging your questions, which should make you wary of their validity, too. Employers and landlords are under no obligation to speak to you, but if they have agreed to be references, they should keep their promise.

Ask the former landlord for a chance to visit to see the place yourself and so you can talk landlord-to-landlord. This is recommended especially if he makes any claim of non-payments or criminal activities and such.

The Facts of the Matter

Reference checking also involves making sure that all information disseminated to you are correct. You can ask for copies of any legal documentation that supports the landlord’s claim. This will prove that the former landlord is giving negative feedback based on facts rather than out of a personal, biased grudge. Also, you can show the tenant candidate the files should he ask why you are rejecting his application. Using documented facts will save you from any accusations of prejudice.

When tenant screening, giving someone the benefit of the doubt is not always a good thing. For a well-informed decision, you need to get the facts straight from valid sources, for your business and other tenants’ sake.

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Validating the Job Reference

How can you judge someone’s character? It is not an easy task but one that employers and other professionals may have to complete as part of their job responsibilities.

When an individual applies for employment, the employer will review his qualifications.There will be questions about work history as well as education and income. Asking for a referee or reference is another common requirement to obtain employment. When asking for a referee, employers have to determine if the referees themselves are valid.

Length of Time

Consider the length of time a referee has personally known or been professionally associated with the applicant. It takes time to get to know a person’s character or work habits. Those giving a reference for an applicant they have only known or worked with for a brief time may have only seen this person during times of good fortune. But have they been associated with this person long enough to see how they respond when things are not going well?

A referee should be able to provide information as to how the applicant deals with difficult situations. She should tell of how the applicant faced a given problem and developed a strategy to overcome the difficulty. A referee should be able to give the type of detailed history on the applicant that can only come from knowing someone over a significant length of time.

Meet the Referee

Employer screening agencies may have a preference on communicating with a referee. While some may be fine with a written reference, others may feel they gain a better perspective of the applicant, as well as the referees themselves, if the parties involved meet or speak in person. Some interviewers feel they can better determine the validity and sincerity of the referee by personal communication. While they may not want to think badly of someone, an experienced human resource director will realize a dishonest applicant may use false references.

Keep it Legal

While it is standard practice to check the background of a prospective employee, many companies also check the validity of the referee. This practice is legal if it can be shown the validation is specifically for job-related purposes and is not in violation of any anti-discrimination laws.

If referees will be checked, the applicant must be notified of this action. This simple notification may encourage the applicant to provide truthful answers during the interview. The interviewer may gain some perspective by asking the applicant what their referees may say about them. The interviewer may relay this information when speaking with the referee to see if the answers are agreeable.

The person who checks the validity of the referee should also be the same person the potential employee will report to. This is based on the idea that two people may have greatly different perceptions of the same individual. If you will be directly working with the applicant, conduct the referee check personally.

A properly performed reference check that follows all legal guidelines can help find the ideal candidate for a job opening.

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Employee Screening During Notice Period

In this era of dubious expenses, every dollar must be accounted for. Whether you receive paychecks or write paychecks, if your books are out of order, you could be losing precious assets.

With that said, the process of filling jobs might not seem difficult, but if things go askew, it can cost the hiring agency. To elaborate, if a new hire is injured or resigns before beginning a job, their void could be expensive, literally and figuratively!

An ordeal no employer likes is being informed by a newly hired employee of the decision to accept another job. This type of blindsided incident occurs more often than you know, but the residual effect of it forces employers to re-spend.

Mind Over What Matters

Sometimes, perfect candidates simply change their minds due to better offers. To assure your recruit won’t have a change of heart during a two-weeks notice between jobs, try to conduct follow-up calls or texts with him. This approach is useful, because a recruit’s departure from a cozy work environment or long-term position can be traumatic for them. Make sure some calls or texts console the recruit that they made the right career decision.

Now, even if your interview was incredible with the newly hired, it’s wise to prepare him for the bevy of possible emotions he may experience during his final days at the old job. That’s why it’s not a bad idea to call him each week to express your support in his endeavor with the new job. This technique is effective because it can also help you gauge if the recruit is reconsidering your job offer.

Counterpunch

The last thing no employment agency wants to hear is, “I decided to remain at my current job” or “I found another job.” If this occurs, chances are you have to redo the entire hiring process, and that costs money! So if you ever hear those dreadful words, there are usually a few fitting replies. You can try to make light of the situation by thanking the recruit for putting you at the top of his wish list, but frankly, this would be an uncomfortable situation nonetheless.

Fact is, when recruits change their minds, it not only causes the employer to spend valuable time seeking a replacement, the recruiting agency doesn’t get their placement fee. On the other hand, sometimes an employer can take extreme measures if the candidate is worth it.

Seal the Deal

If your recruit was enticed by more money to remain with his current employer or another company, it’s completely at your discretion to counter-offer. Two effective ways to minimize the chances of candidates changing their minds include:

Remaining in contact with the recruit at least once a week

Scheduling a lunch date before he starts his new job

It’s central to communicate with candidates because even if your initial meetings seemed perfect, remember that your recruit is only human. Although humans are subject to change, you definitely don’t want your recruiting time to go in vain! Ultimately, your goal is to match good people with good jobs, and be compensated for your efforts.

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The Honest Way to Give a Job Reference

There will be times that you will receive requests asking for references of former employees. If the referenced employee was a good employee and left on good terms, this will not be a difficult situation for you. However, if the employee was terminated or left on bad terms, then what you will say could be tempered by the events of his leaving. Either way, you need to be careful regarding what you relay when providing a reference for a former employee.

Several basic guidelines will keep you and your company out of hot water when providing employee references. You need to be honest, but you also need to be careful. Brief answers are the best approach and some company policies will only allow that you give their job title, dates of employment and final salary when giving references. This is the safest route to take, even if the employee was a good employee.

Reference Format

When giving a written or verbal reference, give the bare facts, as well as true assessment, of the employee’s performance. Provide a brief overview of his performance in the position that he held while under your employ. This can include date of employment, his enthusiasm and ability to do the job, his honesty and integrity, and the reason that he has left employment with your company.

Just the Facts

Give only accurate and easily documented information about the former employee. Do not go into the bad qualities of the employee and be careful not to be drawn into a lengthy conversation. The requester will often try to find out more information than you need to give, which can cause you problems if you fall into this trap.

Designated Personnel

Have one person that you trust handle these types of inquiries and make sure that the reference checkers are directed to them. Policy regarding references should be clear so that a subordinate does not get on the phone and tell the prospective employer all of the foibles of a terminated employee or give a bad reference because they had a bad working relationship.

Again, reference checkers can be sneaky and try to find an employee at your company who will tell all. This could ultimately get you in a bad situation legally if the former employee fails to get the job and the bad referral can be pinned on your company.

Documentation

Implement a policy that all references are to be recorded and saved. This will give you supporting documentation in the event that the former employee claims that you sabotaged his being hired by the a new employer. Be consistent in your practice of providing references.

Be Honest

Honesty is always the best policy. You can provide negative information on a former employee as long as the information is not malicious and is fact-based. It is best to give the good with the bad, though, when the reference is for an employee who was above par, or for one who was terminated or left on bad terms.

A termination of an employee should have been documented, thereby providing you substantiating information regarding the termination. This information can afford you protection. It is also best to tell the checker that you do not wish for the information to be shared with the employee, thus providing you a level of confidentiality.

  The best practice for providing references for former employees is consistency. By carrying out this function the same way each time, your company can be protected from those who may use negative information as legal recourse against you.

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Choosing Your References Wisely

References. Yes, we all know they play a role when it comes to getting a job or into an apartment/house. But do you truly realize the vitally important role that they play?

When you realistically look at how important a reference is, you may choose whom you put down a little better. It’s safe to say they are the determining factor to you getting the job you want or being able to live where you want to live. Everyone knows that when you’re applying for either a job or somewhere to live, there’s going to be a background check or a tenant screening process. Although they do differ depending upon what you’re applying for, it is a reality that your background will be looked into nonetheless.

When applying for a job, they’re going to most likely want a reference of someone you’ve previously worked for. But do they want that reference to be someone you were really good friends with at the job? They don’t. Why? A friend will definitely want what’s best for you, and if you’re looking for a job, they’re going to want you to get it. They won’t tell the employer anything bad or negative about you. They’re going to paint the best picture of you, say all the nice things you can imagine so that you get what you’re applying for. Employers want the truth and generally, the whole truth won’t be gotten from a friend. If they find out your friendly relations, chances are your references will be deemed invalid and could even get you rejected.

When looking for references for a potential future employer, it’s best to go with someone you’ve previously worked for. The best person would be a direct supervisor or team lead, someone that could see you in action on a daily basis and give a true testament of your work ethics. He or she must be someone who could give an accurate account of your attendance history, say if you’ve followed directions correctly and met or exceeded expectations for the job description that you were to follow, or if you failed and didn’t want to comply with rules and regulations set out for you.

In terms of a landlord, they’re going to want to speak or hear from previous landlords. They want an idea of what they may be getting into if they choose to go with you for the apartment or house. They’re going to want to know about your payment history – if you paid on time, missed some months, or constantly had excuses as to why you couldn’t pay. Your cleanliness, and hopefully not lack of it, will also concern them. It’s important to know if you’ve trashed previous places or had previous issues with pests, anything along those lines. How long were you renting under the previous landlord? That will also be a big factor that new landlords will be looking into. Stability is key for a landlord; he definitely doesn’t want to have a tenant that will leave within a few months.

It is then best that before you give your previous landlord as reference person, and even before you actually leave, that is, if he already knows it, make sure you find out from him what he is going to say should he get a call for a reference check on you. It’s not to ask him to lie for anything negative he has to say. It’s to prepare yourself and have a ready and thought-out explanation should the potential landlord asks. Also, it’s to work out whatever conflict you have with the previous/current landlord, which may also hopefully bring his future comments to the more positive side.

When you have people that are going to be a reference for you, you want to ensure that they’re going to give a good reference. You can make sure they have all the right information and that it is up to date and accurate; you don’t want them to say something that’s different from what you’ve put down on your application or given in an interview. Something else you can do is stay in contact with them. There is nothing worse than a call about someone you’ve forgotten.

Your reference is important no matter what situation. Make sure you choose wisely. It can make a difference on whether you get what you’re applying for or you don’t.

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When Background Checks are for You

You may find yourself in a variety of situations in today’s world when you need to use a background check service. There are certain job industries, for instance, where a background check is a necessity. Meanwhile, landlords seek to gain information to lessen the risk of renting out to individuals with questionable activities that may put the business at risk.

Before You Start Hiring

Running a background check on potential new hires may help weed out employee problems before they start. Negligent hiring is a real issue. Perhaps, an employer is hiring for an occupation where the employee will be dealing directly with children, which should be handled sensitively. A criminal background check for this is required in almost every state to keep kids safe.

It is hard for an employer to simply rely on his instincts anymore. When you use a background check service, you can be sure that you are hiring the right employees.

Some job fields that require a background check: 

Teaching and other school positions (like bus driver)

Anyone hired for a federal job

Police officers

Bank employees

Payroll positions and/or Human Resources

Healthcare professionals

General rules in screening employees: 

You will need to gain written consent from the potential employee.

You may only check information pertaining to the job you are hiring for.

You may not discriminate against a potential new hire who has filed for bankruptcy.

Military service records are only released under very certain circumstances

For more information pertaining to employer rights, as well as rules regarding the appropriate amount of information that can be used in the hiring process, the Privacy Rights Clearinghouse has created a guide for jobseekers that also contain helpful information for employers.

There are no specific incidences when a background check is not needed. For some jobs it is not required, but is simply dependent on employers’ discretion. Some of these jobs are listed below:

Fast food workers

Bartending

Retail positions

Entrepreneurship

General labor positions that do not handle money

In any case, the decision may be more dependent on skills or how fast and well one can learn the ropes.

  Before You Grant Lease

When it comes to renting to a new tenant, a credit check is a common part of the process. However, criminal background investigations are being performed more and more. Similar information gathered by employers may also be of use to landlords to verify any applicant’s identity and background that he claims he has.

Due to the risks at stake – your business and your other tenants’ sake – it is always a good idea to opt for a thorough tenant screening. You need to protect yourself and also your community when moving someone new into your neighborhood.

Remember, though, you are not allowed to discriminate against a new tenant based on race, gender, sexual orientation, disability, family status or national origin. The Fair Housing Act is clear on this; you might want to go over the laws and orders stated under it.

  In hiring a new employee or moving in a new tenant, a background check is a solid, smart choice. The information obtained will go far to protect you, your business, and your community. Be careful to follow the law on obtaining information and follow proper rules and regulations surrounding the use of a background check.

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Does Family History Really Matter?

When it comes to bringing in new tenants, a background check has become almost mandatory for landlords. You want tenants you don’t feel you have to be concerned about on many levels. However, you should also take care in how far you delve into the lives of prospective tenants so as not to discriminate or violate privacy rights and laws.

Having a family background check done can reveal issues that may lead to problems in the future. Someone in a family with a severe criminal background, medical issues or other problems such as violent tendencies and drug- or alcohol-related issues can lead to disruptions in the lives of others, police calls, or even damage to property. That is possible and a reality a landlord must take into consideration.

Of course, ethnic or religious differences in a family background can’t play a role in whether a tenant is placed. Regardless of a person’s race, religious background or the race of anyone in a family, a landlord can’t block residency. Not only are there Federal laws about this, but state and local laws as well. There are lines you cannot cross.

Privacy laws have become a very sensitive topic as of late. Granted, there is information you can know about a tenant’s family that may affect your decision-making process, but walking that fine line between what is legal and what isn’t varies from state to state. Also, decisions are subject to change due to whatever relevant changes there are and will be in the laws.

Unfortunately, you could be violating the law and not even realize it. By handling background checks yourself or by using an in-house background check system, it may lead you into legal hot water. Not accepting a tenant based on incorrect or “illegal” family background check information may be seen as discriminatory, a violation of privacy, or both. This means that the information you’re basing your decision on must be legal and doesn’t violate any rights of prospective tenants. Still, it is wiser to get a background check company to do the checking for you rather than risk getting yourself into legal trouble.

When it comes to the criminal or personal history of family members of prospective tenants, the situation gets more confusing. That is why it is important to work with a reputable company that does professional background checks to enable you to know the information you have is both accurate and legal, keeping you from making decisions that could lead to some type of legal backlash.

Between discrimination laws and privacy laws, having “safe” information protects not only the prospective tenant and their families, but most importantly, it protects you.

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How to Make Social Media Work for You

Social media is taking more and more prominence in hiring decisions. Why? It seems to be that the twilight of the reference check is here.

Too many companies are worried about potential liabilities should they provide more than a start and end-date and even salary. Then of course, there is the fact that many graduates also carry several recommendation letters in tow. How is an HR manager or hiring manager supposed to know if a job candidate is a good fit? By checking the prospective candidate’s social media activities, of course.

In a recent survey conducted by Harris Poll for CareerBuilder.com, 51% of employers, who check social media outlets of potential candidates, have found information that cause them not to hire the prospective employee. What should a job seeker do?For starters, the basic rule of thumb is to keep it clean. There really is no good reason to show the latest drunken exploits. Nor is it a good idea to post a picture of an arrest warrant, as one candidate discovered. Another good idea is to refrain from making racist or offensive remarks and posting any materials that could be considered as such. In a nutshell, if you wouldn’t do it in front of your family or say it to them, don’t post it. Once it is out there, it is very hard to get rid of it.

As the saying goes, it is not all doom and gloom. A job seeker can make social media work for him. According to the referenced survey, hiring managers looked at the social media history of a candidate for certain aspects such as:

Professional Image

Good or Excellent Communication Skills

Background Info to Support Stated Qualifications

Online Reference Reviews of Candidate

Ability to Fit with Corporate Culture

Naturally, not all social media outlets will correspond to the entire list. No one expects to find qualification correlation on Twitter for example. However, it would be good for checking communication skills. Does the person clearly state the point or is it just hashtags and gibberish? The point is that the image a person projects in social media is the one that a hiring manager will see.

No matter how good a person is at his job, not many hiring managers want an employee who drinks too much, is racist, or is unable to communicate himself well, even if that only applies to the off hours. Importantly, no matter how private a person intends for the information to be, nothing will guarantee the information will stay that way.

To really make social media work and give the best chance for scoring a job is to make sure to project a positive image.

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Reference Checks vs. Social Media

When researching someone’s background, whether it be part of a job interview process, or a background check for a rental application, the more information that you can gather, the better informed you will be. Because of this, some employers are now using social media either as part of the background research or to replace the conventional background check altogether.

There are a few benefits to doing an employee background check or tenant screening this way, but there are some disadvantages as well. Here are what you need to know to decide what type of background check to conduct.

The Difference Between Social Media and a Conventional Background Check

A background check company will provide a completely different aspect of the prospective employee or renter’s background. With a conventional background check, you can find out things like whether or not the person has a criminal history, take a look at their credit report to determine if they pay their bills on time and other available information such as education and work history. Social media gives you a completely different picture of the person in question – a much more personal look at them, often comprising their friends and family, political and religious views and more.

Benefits of Social Media Mining

Checking out someone’s social media profiles, on websites like Facebook, Twitter or Google+ can give you a great deal of personal information about the prospective employee or renter. Social media can tell you what sort of things they do in their spare time, what kind of friends they keep and more. The benefit of this information is that it is sometimes very honest and personal, and you may learn a great deal about a person’s character. This is often useful because past employers or landlords may not always give honest references. In recent years, employers in particular, have felt that they may be held liable for giving a bad reference and so many will give a more positive reference than is accurate, or even abstain from giving a reference altogether.

On the other hand, most of the information acquired from social media is superficial – the type of music the person likes, for example. The information presented in a background check from a company that provides them for renters and prospective employees is usually much more viable than information from social media. Looking at a credit report can tell you whether or not the person you are considering renting to is apt to pay their rent on time, and a criminal background check can tell you the type of person you are hiring or allowing to move in.

The Best of Both Worlds

Often, the best bet is to cover all of your bases, doing both a conventional background check and a reference check as well as gathering information from social media, to get the best picture possible of your prospective renter or employee.

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Background Checks and Social Media Liability

In today’s world, there is a constant battle between internet-based companies and hackers over information – everyone’s information. Unfortunately, there is even some competition between internet-based companies and legitimate companies for large chunks of that same information. This includes legit companies such as those who perform tenant/employee background checks.

As a landlord or employer, you want to know as much as possible about a person before you rent to them or hire them. But where do you draw the line?

The good news is that site security like that on social media sites like Facebook, Pinterest, MySpace and LinkedIn, as well as on retail sites and those where private information is stored, is better than ever. The bad news is, so are the tips, tricks and tools that hackers have. More important, there is a fine line between what a background check company can and cannot legally do.

Those doing employee background checks can no longer legally ask anyone for social media passwords. Due to all the legalities surrounding personal information, social media companies, retail sites and others try to limit their liability with privacy policies and other legal instruments users agree to before they can fully access sites. This means that they may have little or no legal liability should they suffer a security breach and private information is compromised.

Many companies may try to assume some level of recompense and several insurance companies offer policies to minimize data breach costs. This is done to minimize the damage both public relations and financial companies may suffer. Even so, if the hacker(s) are caught and prosecuted, there may still be little legal recourse. Even the Computer Fraud and Abuse Act (CFAA) only goes so far. The Civil Action part of the CFAA may give little to no satisfaction to users, while the company that suffered the data breach may have it better.

To minimize your liability when doing background checks and employee/tenant screenings, sticking to ethical, legitimate companies is your best course of action.

Legitimate sources for background check information are limited in the data they can access. Of course, they’ll be able to check credit reports, employment histories, look at public profiles, as well as have some access to how someone uses the internet. Still, prospective tenants and employees can take steps to further protect their privacy by not allowing anything on the internet they don’t want everyone to know.

If you are an employer, you want to hire ethical, honest, loyal employees; if you own or manage rental properties, you want responsible, quality renters. This means prospective hires or renters will have to expect you to do a background check. And, depending on who you have to do the checks, it could be very in-depth. Even with the restrictions placed on personal information access, a good background check company will still be able to give you a thorough evaluation.

Keep in mind that internet-based companies such as Google and eBay take precautions to protect sensitive data from both illegitimate and legitimate sources. Companies that do legitimate background checks will also protect personal information as much as possible to prevent legal ramifications. That said, having the right company to do your background checks will give the assessment you need while still protecting – and respecting – the privacy of prospective employees or tenants. As a result, they also protect you.

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Why Landlords Do Social Media Background Checks

One of the more common trends these days when doing a background check in many situations is to check the social media account of those who may become your tenants. People have questioned if doing this as a background check is an invasion of privacy, and on the surface, it could appear that way. But when it’s your property at stake, it is a rather logical idea.

Seldom is a Facebook, Twitter, Instagram, or even MySpace account kept to a professional level and, as a result, you’re more likely to see people as they really behave in their personal lives and, hopefully, get a glimpse of how they have treated past properties.

Take employment screening for a minute. Certain companies check into potential employees’ credit reports to use these as gauge of how responsible or irresponsible they can be. Just look at a person’s social media accounts. Say, the first picture you see is him at a bar or club, holding a drink. Safe enough. But if he also looks very inebriated and out of control, it sends the impression that the potential employee might not have the best judgment and that could cost him his job in the future or, worse, cause problems to the company. For these reasons, it seems only right to check into employees’ accounts.

The same holds true for landlords like you. You can background check a tenant’s social media presence if, for instance, your reason involves a report of damage on your property. If there’s a chance that the tenant caused said damage, especially as he is leaving the property, you could have a claim against him and the right to withhold his security deposit.

There is a fine line between an invasion of privacy and protecting your investment. As a landlord, you retain the right to run background checks on anyone who will be residing on your property. This is a completely legal and understandable step in trying to protect your investment. Nevertheless, take extra careful or you could find yourself going too far in the process.

Check on a person to make sure he hasn’t had any wild and uncontrollable parties on your property, then once the initial check is complete, that should be the end of the process. Do not cross the line between making sure your new tenant isn’t destructive and stalking the person. A check of social media at the beginning and end of a contract should be sufficient. Leave no need to pry into his activities unless there’s reason to believe that the tenant may be engaging in something illegal at the location. In that case, you not only have the right but the responsibility to check into their Twitter feed or Facebook timeline in order to find any reason to contact the proper authorities.

Background checks are sometimes a bit of a necessary evil. In these days, you never truly know who it is you’re dealing with anymore. It’s been said that the person who appears first is actually just the representative of the person who you will be actually be dealing with, which makes getting as much information as possible about his real life quite necessary.

Whether it’s dating, hiring a new employee, or renting out a property to a new tenant, it’s best practice to take the first impression with a grain of salt until you can get a more accurate view of the person behind the facade. In this age, social media is where you’re going to get the most authentic perspective. The truth is really out there.

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What a Former Landlord Can and Cannot Say

You got some great news today. You have earned a promotion. But there is some bad news, and that is you have to relocate to another part of the country. That means you have to look for a new place to live in. Unfortunately, your current property owner does not like you very much. Can he tell any potential property owners negative things about you?

The question that you should ask yourself: Have I been honest to my future landlord? Have you disclosed all of the information that your previous manager may say about you?

You should be able to be truthful about your relationship with the current manager, as long as you speak in positive terms about that person. It would be easier to explain that though the two of you have had personality conflicts, you have been able to keep the relationship professional. Giving your future landlord the truth will put you on a better level and gain the trust of the person who will, potentially, be the next in charge of your lease.

Do know that your current landlord can say whatever he wants to about you within ethical limits. He can tell your future manager that you were late with rent payments if it’s true, even disclose all the complaints against you. What he cannot do is to make stuff up. He must not make up information about you that should result to you getting turned down for a new home. You have the right to ask why you got turned down and if it was due to false information he shared, you also have every right to sue the landlord for it.

There are landlords who may affect your new application to get money or out of grudge so they create various stories such as you leaving your apartment a mess. In this case, you can bring the case go to court. That landlord will then have to prove his accusations, that you indeed left your apartment a mess, or you owe money you know nothing about. You can take him to court. If you do not owe the money then you have nothing to lose; if he is right, then it is up to him to prove it.

Leasers can give information out to your prospective leasers but must be truthful with that information. It would be easier for you as well to tell the truth to other landlords so that there will be no surprises and you may be considered more trustworthy.

Do this with a clear conscience and when you are done, then you can move on and move into your new home and relax.

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What a Former Employer Can and Cannot Say

Employee job changes create stress for both the employee and his employer. Knowing what a former employer can and cannot say is important for legal reasons and for the position the employee is applying for.

It is less distressing when there are guidelines to follow. If former employers give poor references, a cease and desist letter can be issued by an attorney, stopping the harmful statements. Most corporations avoid liability problems by only issuing limited information like job titles, years employed in the company and salaries, while many states do not insist upon any disclosure of employment information at all.

What can employers say about you?

Past employers can say if you were fired and why you were fired. There is no legal precedence that prevents employers from saying what they like especially if it is fact. However, some statements can slander and prevent you from getting gainful employment. Statements, if the source is found, might be viewed by the courts as slanderous. If you were constantly tardy, though, there is no federal law preventing them from stating this. If it is documented, there is no way to prevent this information from being relayed to other employers. A company can make any statement on you that is accurate, based on fact.

It is not up to the employer to make a statement on a worker’s character. If work ethic is complimentary, it is possible to say you were a good worker. But if this slides into the negative, be mindful that that can spell trouble for the employer making the damaging statement – you have the right to challenge the information given and even bring them to court. Subjective statements are not worth the trouble caused on their part.

If you left a job under what seem to be questionable circumstances, to say you did something wrong that defames you without proving an actual point can bring a great deal of trouble down upon a company. That is why many companies keep statements to the basics, avoiding any damaging gossip about the company or the former employee, taking a “live and let live” attitude.

Reference Service

Hiring someone as though he is a prospective employer to interview your past employer will aid in finding out what is being said to employers you may be trying to gain employment with. Acting and making inappropriate statements can cause serious legal problems for them. A work evaluation may list as satisfactory or unsatisfactory, but stating that you were shiftless and lazy may start a line of allegations for which you will be wise to demand concrete proof.

Hire a reference service early. Have them check the information any former boss may give. This will allow the cease and desist to intervene, and it is definitely much, much better to avoid losing multiple employment opportunities that may come your way.

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The Employer-Employee Social Media Battle

The explosion of social media over the last ten years has caused a serious strain between employers and their employees. Criticisms about the boss or the company that used to take place behind closed doors are now in public social media pages, for all of the world to see. 

As a business owner or hiring manager, you must be careful about how you approach social media issues, including whether or not you screen social media profiles as part of an employee background check. As an employee, you must do all that you can to keep your online profiles and persona as professional as you can.

Employees

Be mindful of pictures: You must be mindful about the kind of pictures that you post to your social media pages and those pictures in which someone else tagged you. Remove anything that maybe considered overly sexual by some (e.g. those bikini photos you took at the beach or the shirtless pictures at last month’s barbecue…you never know who’s looking). Get rid of pictures that show you drunk or not in control of your faculties. Untag yourself from any photo where people are doing something illegal (better yet, just try to stay away from people like this?).

Avoid posting about your old company: During a background check, if your new company finds a lot of negative posts about a previous employer, they are going to have a hard time hiring you. Posts about previous companies make you seem like a troublemaker and a potential target for libel and slander suits.

Remove troublesome online friends: Do you have a friend who is always posting racist jokes on your public wall? Filter who can post on your wall. What about the friend who posts angry, drama-filled rants twice a day? Try not to contribute to the discussion and not to agree in public especially about sensitive issues. Those are the kinds of people who can scare off potential employers because they serve as negative character references.

Build yourself up: Though a lot of what you need to do with your social media profiles involves cleaning up bad things, you can use social media as a positive. Play up your involvement in the community and show your commitment with professional organizations. During an employee background check, your social media profile will reflect positively on you.

Employers

Create a social media policy: Above all, you must create a clear social media policy for your employees and enforce that policy evenly. The policy must be put on paper and given to every new employee to sign before he or she starts work. The language must be clear and concise, referring employees to a specific person in the company if they have questions.

Make an “off limits” list: Freedom of speech does have its limits, and as an employer, you can outline those limits for your employees on social media. You need to form a clear set of topics that are always off-limits to employees on social media, including things like financial information or proprietary data. These topics must be clearly defined for employees and can’t include a generic prohibition against speaking ill about the company or its employees.

Don’t ask for access: As tempting as it might be to require employees to give up their social media passwords, or force them to give you access to private pages, don’t push the issue. The courts and the National Labor Relations Boardhave stated time and again that doing so is a violation of an employee’s right to privacy.

Social media are not going anywhere. Like everything else, they are not there to be abused either. Employees and employers must, therefore, find a way to coexist online. Employees need to remember to keep their digital personas professional, and employers have to realize that they can’t control what their employees do away from the office.

Let social media work for you. Just remember to keep it well within boundaries.

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The Accuracy of Social Media

With the growing number of people putting out every detail of their lives on social media sites you might consider using social media background checks on your potential employees or tenants. The idea is still somewhat new in this age so you might not know what a social media background check really consists of. As the term implies, it is a type of background check done on a person. This is specifically used by employers and landlords to look into potential employees’ or tenants’ social media pages (i.e. Facebook, Twitter, Flicker and the likes).

Is this even legal? Yes. The Federal Trade Commission (FTC) has actually allowed and given background check companies the go signal for this. Well, as long as the search is well within the limits set by the Fair Credit Reporting Act.

As an employer or landlord opting to use this to screen an applicant, you yourself don’t have to look at his Internet and social media history. Instead, you may hire an unbiased, reputable background check company to look into the desired person’s social media pages. What companies like this look for in his social media pages are publicly available posts involving or suggesting criminal activities, racism, drug use, and inappropriate display of activities of sexual nature, things that have been on the site in the past seven years.

At face value, this seems like a great way to screen interviewees to find out if they might cause problems for you later on. This type of screening, though, doesn’t come without its own problems. The issue with looking at social media sites to decide whether or not you should hire someone or accept a new tenant is that it’s hard to tell if you are getting accurate information.

One leading company doing this service, and one of the first companies to offer such and given the FTC “Go”, is the Social Intelligence Corp. (SIC). According to COO Geoffrey Andrews, “…we run new reports on applicants on each new search to ensure the most accurate and up-to-date information is utilized, and we store the information to maintain a verifiable chain-of-custody in-case the information is ever needed for legal reasons.” Fair enough. There are still, however, doubts that surround the accuracy of such reports like theirs.

In an attempt to check for accuracy, Gizmodo employee Mat Honan had a social media background check done on himself and flunked the test with failing colors, so to speak.

Mat failed due to bits of information that he claimed to be inaccurate. The report mentioned admittance of drug use in a blog post, one that was taken out of context mainly due to his explanation of why people do drugs like cocaine and how LSD alters perception. A more in-depth look at the post would certainly give the one checking a better perspective on what Honan was driving at and how writers write, not necessarily what they do. Perhaps, to not make it seem unbiased, Honan also had social media background checks done on six other employees, including his boss, and all but one failed. It makes one wonder about the checks’ accuracy or if everyone’s always been up to no good and we just haven’t noticed. 

Hiring someone to conduct a background check for you, you’d want just the facts, not a list of what somebody might do based on vague and easily misinterpreted posts on social media, things that could have been posted way back seven years ago when one was much younger and less wiser. The company that will conduct a good background check may use social media in its screenings, but the weight of their report should be on things like education, criminal background, employment, and credit history. If they are any good, social media checks will not even be necessary.

You have a responsibility to accept the best employees or tenants you can find for your company or your other tenants’ sake. But you have to remember that a social media background check can make you look over a great candidate. Social media background checks, while allowed, are still up for debate, it seems. So while they may be helpful, it would also help you to be more careful and wise in choosing what to believe.

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Why Do a Social Media Background Check

Most companies advise potential employees that criminal background checks will be done prior to hiring. However, there have been a rash of social media incidents involving employees and the question employers are now asking, If we had paid more attention towards employees’ personal lives and behaviors, would our brand and image be tarnished based on who we hired without considering social media history?

As an employer, knowing when it is necessary to do a social media background check can eliminate a lot of potential future conflicts.

Why do a social media background check

Your intuition and initial impression are good indicators that one may, though not necessarily, cause problems within your organization. Some companies calculate if the individual meets their quality standards by a combination of statistical data about the person. Following this, however, can cause you to miss those intuitive, instinctive feelings.

Any records exceeding what’s tolerable should entail you to seek a social media background check to weed out those who can potentially hurt the company and employees. Crimes of moral turpitude should be considered reasons for you to reject or terminate one from employment.

For instance, a US company employee openly discussed his interest in worshipping a religion where hate and negativity were emphasized, as evidence by his Facebook page. He later attempted murder on the mother of his child. Other employees were not surprised by his actions. His social media accounts alone showed he could potentially cause violence.

If a person has been convicted for violent or sexual offenses against others, then reviewing how he interacts via social media is fair game, as long as it is still within the boundaries of company rules and policies. Do consider how long it’s been since the offense was committed; in order to see if he has learned and changed, an online social media check may help you review and evaluate.

There shouldn’t be biases against personal beliefs, but there are things that you should be wise about for your company and people’s safety. Any company that builds its image on integrity and positivity should always take into consideration the people it employs. Employees exemplify what a company stands for and the common purpose for its existence. Investing into an employee who doesn’t uphold a good image could have a negative effect on the company.

In cases of negative social media presence

Let applicants know the importance of image in your company. Be tactfully frank and say that, unfortunately, incontinent behaviors found through background checks are grounds for rejection of application. Do say how much you appreciate them taking the time to consider employment in your company and that perhaps, next time, the result will be different.

When it comes to current employees affecting company image, however, ensuring that your company has a compliance clause can help protect it. Discussion amongst management about a call to action will help correct any issues that the associate may have – it does not always have to end in termination. If measures have failed to guide the employee, then perhaps termination would be a reasonable option.

If you use social media yourself, you know of individuals you wouldn’t consider hiring based on behaviors displayed publicly. Companies have been tied to incidents of rude or foul behavior by employees who upload inappropriate, damaging or confidential company information. One thing is for sure: social media background checks can provide great comfort and confidence when hiring or keeping someone in your fold.

Business is business. Be well within your rights as an employer, hold no risk of being connected to someone who can ruin the business.