In The Workplace

We鈥檙e having difficulty fact-checking all information and other documents submitted to us by our newly-hired workers. We can鈥檛 get the cooperation of the employees鈥 past employers, their character references, and other institutions. They鈥檙e saying we can鈥檛 do it under the privacy law. It appears now that we can only do fact-checking through the help of private investigators. Unfortunately, we don鈥檛 have a budget for that. What would you advise us? — White Lily.

A farmer bought a horse and was told by the seller that the animal he鈥檚 buying had one fault. He likes to stop and eat mangoes. The farmer said: 鈥淲e鈥檒l that鈥檚 all right. I will make sure we don鈥檛 encounter any mangoes on our way. Besides, I don鈥檛 even have a single mango tree in my farm.鈥

He put down his money, mounted the horse and started home. On the way, they had to cross a stream. In the middle, the horse sat down and wouldn鈥檛 budge. The farmer walked back to the horse dealer and explained what happened. 鈥淲ell, now you never said nothing about water, river or even a stream.鈥

The animal trader explained: 鈥淚f he can鈥檛 get mangoes, he sits where the fishes are.鈥

In many instances, buyers are often told only half-truths, if not white lies by sellers. The same thing can happen to employers who would want to hire new workers right away, even at the risk of hiring people with dubious backgrounds. That鈥檚 why it has become imperative for employers to fact-check.

But how do you intend to do background checking of new employees under the Data Privacy Law and with a zero budget for private investigators? That鈥檚 perfectly acceptable if you have a low turnover rate and do not hire many employees. Otherwise, fact-checking becomes a full-time job for you and your organization.

SIX LOW-COST TECHNIQUES
In general, using a combination of the following practical techniques should help you discover the truth, save money, and inject a little breathing room into your busy work schedule:

One, read, study, and comply with the Data Privacy Act of 2012. It鈥檚 the law that governs the collection and processing of all information pertaining to employee data. According to the website of Villaraza and Angangco, any 鈥渆mployer is a personal information controller under the Data Privacy Act when it is involved in controlling the collection, holding, processing and use of the information of its employees.

鈥淚t is required to implement 鈥榬easonable and appropriate organizational, physical, and technical security measures for the protection of personal data.鈥 Employers must register with the National Privacy Commission if they employ at least 250 employees.鈥

Two, require all newly-hired workers to give their written consent. This can be done by requiring the workers to sign an application for employment form and an employment contract in which they vouch for the accuracy of all information they have submitted to you. This authorizes you to verify the same with the concerned character references and institutions.

Note the difference between an application for employment and an employment contract in this context. These documents provide 鈥渟hotgun鈥 protection for you and at the same time simplify and reduce the number of documents you require employees. Aside from these two 鈥渟hotgun鈥 documents, be prepared to handle requests by organizations that may require you to have specific consent signed and addressed to it by the new employees.

Three, make a distinction between staff-level hires and officer level. Or between employees holding key positions and non-key positions. 鈥淜ey positions鈥 here include both management and rank-and-file jobs that perform confidential and sensitive functions related to the company鈥檚 trade secrets, product formulas, financial data, compensation, and other related information.

For employees from cooperatives and manpower agencies, you may seek their written guaranty that they vouch for the character and competence of their workers assigned to work for your organization. If the hire is executive or management level, you can seek the endorsement of the head hunter. It鈥檚 also advisable that these third-party service providers stand behind their recommendees with an airtight one-strike policy written into your service agreements with them.

Four, verify the employees鈥 credit history and standing. This is often ignored by employers who think it has nothing to do with the employees鈥 capacity to perform their jobs. They are partly correct. Unfortunately, what many people don鈥檛 know, including employers who are often in a rush to hire people, is the fact that people with bad credit standing are susceptible to committing fraud, theft, gambling, even illegal drugs and other illegal activities.

According to Glassdoor, 鈥(e)mployment background credit checks aren鈥檛 necessary for all employees, but they鈥檙e strongly advisable, even essential, for those who handle large amounts of cash or other kinds of financial transactions, bookkeeping, or the management of company accounts.鈥

Five, network with as many industry management professionals. Networking is key. It is one single approach to make your life easy. If you鈥檙e personally known to people and their organization, it would be easy for you to know many important information that could not be put down in writing. A simple phone call would solve the problem and you may not even need a written employee consent to do all of this.

There鈥檚 one caveat though. You must earn the trust of these people and should be able to reciprocate as by giving the same information, even exceed their expectations when they ask for your help in the future. At times, your network could help open doors for a lucrative job opportunity that you don鈥檛 know about. Indeed, the more industry professionals you know, the better for your job and personal career.

Last, give substantive and procedural due process to employees who mislead you. Dismissal from employment is not automatic. Be sure to follow your company鈥檚 disciplinary policy in terms of giving the concerned employees the right to explain themselves. To avoid a protracted labor case, it is imperative that you follow the law on due process.

Once a management decision is reached to fire someone, it should be done promptly and without fanfare. Whatever happens, give the employee the chance to resign voluntarily if it鈥檚 allowed by your top management. Firing someone is not an easy thing to do. You may need to do it if only to protect the company鈥檚 interests.

ELBONOMICS: Stand up for truth even if it means hurting and firing someone.

 

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