I have HR issue with a new hire?
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I have HR issue with a new hire?
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1. The person who used to have my job hired 2 people 1 claimed to have a MBA but, the privacy act keeps us from verifying it as the school only gives proof of attendance. Is there a legal way to go around the privacy act?
2 The guy hired is British who says he is a US citzen with a degree from oxford which will not verify education to us. The other issue is that I have approved E-Verify through the CEO and, the information of this employee fails to match his name. Most fail to know but a SSN card or a ID is not proof of citzenship cause people randomly punch numbers in the SSA website to find one and, they make a fake card! He was hired under the old system and, so would we be ok if we decided to fire him?
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MSAD
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Have the new hires produce copies of their college transcripts as part of the hiring process. When I interviewed for the job I have now - I had to provide a copy of my college transcript even though I've been out 10 years.. (the good news is I actually had one). You can also request they provide a certified copy. These are the same ones that you have to use if you are going to apply for grad school. These come in a sealed envelope from the school with a signature on the back -- if the envelope is tampered with - the signature is damaged.
See if it would be legal to have a release draw up that the prospective employee signs that gives the school permission to release the info to you.
You have to have them sign something so you can pull their credit (my employer checks credit too). Can the same thing be done to allow the university to release proof of graduation to you? It could be as simple as - you get the prospective employee to sign the release form. You contact the school - fax or email the release to them and then they can verify graduation over the phone.
As regarding termination of either employee -- I can't help you there.
You may want to contact your legal department or lawyer.
**not legal advice- only an attorney can give legal advice. |
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♥STREAKER♥©℗â€
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Ask the first person to bring you a cope of his final transeptt showing the degree in which he earned it. I know I have had to provide a copy of my final transcript when applying for certain jobs. This is hisverificationn if it has the raised seal on it from the school and words official on it.
On the other one, if you do fire him, let it be known that you suspect he lied on his job application since you cannot verify any of the information to be accurate and back up your sources. You don't state where you are but in Texas, we are a hire at will and fire at will state. They can hire as fast as they can fire you without havingto havee a reason. |
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Randysaurus
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The thing to have done is to make providing verifying documentation a requirement of employment. That will put the burden on the employee to provide verifying documentation to back up what they claim on their resumes and job applications. The first person would have had to provide a copy of their diploma and an official resume from all schools of higher learning, like I had to do when I got my job. If they fail to provide verifying documents you can not hire them or if you have already hired them then you can fire then with cause. The same applies with the first guy except he would also have to provide documents the prove citizenship, etc. Oklahoma is also a work at will state and you can be fired at any time as long as it's not for a reason that violates an employees civil rights. I would try to make the persons provide those documents to verify their claims and if they don't you might be able to fire them for falsifying hiring information. |
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thenarcolepticone
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1. There is privacy act that says you can not verify education as a term of employment in the US. As long as it relative to the position and correlates to job performance you can check it. Now at days (least around here) you have to Opt-Out not to give this info out and to make you feel better you can even sign a release. Now I am sure some private universities do not give out the info, but most do.
2. Checking an already employed personel with E-verify because he is British is a EEOC violation. You must check everyone. No singling out. A no match is not that uncommon even for legit people. There is a process for fixing and verifying the problem. They (SSA and ICE) will tell you NOT to fire someone just for a no much, just to get the required documentation rolling. A new hire you can hold off on, but someone already employed you need to keep employed until you can prove they commited fraud to the company.
So no, it would not be okay to fire him till you have gone through the process. It is in that huge book they gave you as part of being able to use Everify.
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Almond
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Why don't you just focus on your own job duties and leave it up to the professionals to figure out? |
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