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• W291355853 abstract "working late one night, banker Jim Dandy decided to check out an applicant he d just offered a job to that afternoon. The candidate had accepted, Dandy thought a quick peek at the internet wouldn't hurt. Typing in her name, he discovered the young hiree had her own Facebook page. He found a picture of her smoking a cigarette at a sports rally. Seemingly incidental, except that he had told her during the interview process that the bank did not employ smokers, she had said she didn't. OK, maybe it's an old photo. Nope, Dandy recognizes the rally. It was held for a local school team, he knows when it was held. And that just happens to have been during the course of the interview process. This means the hiree was a smoker at the time she was interviewed. Furthermore, one of the references that she willingly provided also said that she was not a smoker. Dandy decides to read further on the Facebook page. It gets worse. He learns that his hiree had been an employee advocate of sorts at a previous job, that things got sticky enough that her last employer had filed a police report. Funny, thinks Dandy. The employer had verified dates of employment such, hadn't given even a hint about labor activism. Tina had stated during the interview that she had just completed an undergraduate degree in economics decided it was time to move on. Now what? How deep to dig? Bankers face challenges beyond those of many other types of employers. Besides all the concerns about fit qualifications that any employer has, bankers have legal obligations to avoid hiring people with certain categories of crime in their past, a whole body of regulation covers that. (See the box below.) As part of that obligation, bankers like the hypothetical Jim Dandy have a duty of reasonable under FDIC's policy statement implementing Sect. 19 of the FDIC Act, as amended (Penalty for Unauthorized Participation By Convicted Individual). This includes the need to establish a screening process. Yet, how far should Dandy have gone? How much information should he have gathered? How much information should he have expected to get from the previous employer? If the situation were reversed, how much should he be willing to share? Bruce R. Alper, attorney with Vedder Price P.C., Chicago, spoke to these issues during ABA's Regulatory Compliance Conference in June. The Dandy episode was one of his examples of how getting to know about applicants can challenge. Share share alike? Hardly Alper says employees frequently think employers share information freely through some kind of secret subterranean network that attempts to get around relevant laws through hints codes. That may happen in a small town, says Alper, but not in Chicago. People are very careful what they say about their former employees. Alper says that this occurs in spite of laws that actually protect employers. You get what you give, he said, and that's usually not much. Alper said that many states have statutes similar to one in Illinois, which holds: Any employer ... who, upon inquiry by a prospective employer, provides truthful written or verbal information, or information that it believes in good faith is truthful, about a current or former employee's job performance is presumed to be acting in good faith is immune from civil liability for the disclosure the consequences of the disclosure. The presumption of good faith ... may be rebutted by a preponderance of evidence that the information disclosed was knowingly false or in violation of a civil right of the employee or former employee. In addition to such statutes, said Alper, every state recognizes a common law conditional privilege to disclose information for a proper purpose to an appropriate recipient. …" @default.
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• W291355853 date "2008-08-01" @default.
• W291355853 modified "2023-09-25" @default.
• W291355853 title "Avoiding Being The Banker Who Knew Too Much: Responsible Business Demands Knowing Your Job Applicant and Knowing Your Employee. but How You Got the Knowing, and What You Do with It, Ah, There's the Rub" @default.
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