Background Investigations Miami Beach South Beach
TYPES OF INVESTIGATION Miami Beach South Beach
There are several types of investigation that will become part of your routine as an investigator.
Criminal Investigations Miami Beach South Beach
Private investigators work either for the victim or for the defendant or his attorney in criminal proceedings.
Serious crimes, which may lead to arrest and conviction of a subject, are the source of cases for the legal/criminal investigator. Burglary, theft, homicide, fraud, auto accidents, arson, kidnapping, and so on, are all examples of activities where violations of laws have taken place and you may be called to do an investigation. These cases typically fall into two categories:
- Felonies: serious crimes which may involve punishment by death or imprisonment in state or federal prison in excess of one year.
- Misdemeanors, lesser crimes usually punishable by a fine or imprisonment in a city or county jail, not to exceed one year.
Civil Investigations Miami Beach South Beach
This pertains to anything involving lawsuits in which questions of money or property must be settled. Violations of the law are usually not involved. Divorce, bankruptcy, personal injury and negligence cases, and lawsuits of various types are examples of civil matters that may require investigation.
Civil Actions of Investigation Miami Beach South Beach
An attorney or client may hire an investigator to prove either one of the parties to the suit is liable. There are two terms an investigator must know.
- The plaintiff is the party who brings a legal action; one who accuses another person of wrongdoing. Background Investigation Miami Beach South Beach
- The defendant is the accused; the one who must defend himself against charges brought by the plaintiff. While he may be accused of wrongdoing, he is assumed innocent until proven guilty by the plaintiff and the plaintiff's attorney. Background Investigation Miami Beach South Beach
Negligence Investigations Miami Beach South Beach
This type of investigation is conducted either for the plaintiff’s attorney to prove liability or for the defendant’s company or business to prove the absence of liability or absence of a permanent serious injury. This can be accomplished through the use of surveillance (often video or photo), locating and interviewing witnesses, or trying to establish that a pre-existing condition caused or was aggravated by the injury or that the defendant was at fault. A modest fee from any investigation often saves a client from a large monetary award.
Corporate Investigation Miami Beach South Beach
An investigator may monitor what is going on in a business, make an investigation of fraud within or outside the company, and provide diligence investigations or pre-employment screening.
General Investigations Miami Beach South Beach
This category includes a wide variety of investigation activities. Included here are investigations for the location of witnesses and missing persons, investigations for a serving of legal process, investigations of skip-tracing, investigations checks on employee dishonesty and fraud, investigations of security surveys, bodyguard work, surveillances, etc.
Personnel and Background Investigations Miami Beach South Beach
This type of investigation is ordered by businesses and is undertaken in order to determine whether the character, history, financial status, credentials of an individual make him a suitable candidate for a job, a position of public trust, a large loan, credit, etc. Insurance companies perform investigations over applicants; banks check on individuals applying for loans and also check the applicant’s credit rating.
Investigations and Security Miami Beach South Beach
Many private firms that carry out investigations offer a range of security services, including:
- Security surveys Miami Beach South Beach: to determine vulnerability and to suggest corrective measures against theft.
- Celebrity protection. Miami Beach South Beach
- Event protection or security (i.e., concerts). Miami Beach South Beach
A background check or background investigation in Miami Beach South Beach is the process of looking up and compiling criminal records, commercial records and financial records of an individual or an organization.
Background investigations in Miami Beach South Beach are often requested by employers on job candidates for employment screening, especially on candidates seeking a position that requires high security or a position of trust, such as in a school, hospital, financial institution, airport, and government. These investigations are traditionally administered by a government agency for a nominal fee, but can also be administered by private companies. Background investigations in Miami Beach South Beach can be expensive depending on the information requested. Results of a background investigation typically include past employment verification, credit history, and criminal history.
These investigations are often used by employers as a means of judging a job candidate's past mistakes, character, and fitness, and to identify potential hiring risks for safety and security reasons. Background investigations in Miami Beach South Beach are also used to thoroughly perform investigations over potential government employees in order to be given a security clearance. However, these investigations may sometimes be used for illegal purposes, such as unlawful discrimination (or employment discrimination), identity theft, and violation of privacy.
Personnel and Background Investigations Miami Beach South Beach
This type of investigation is ordered by businesses and is undertaken in order to determine whether the character, history, financial status, credentials of an individual make him a suitable candidate for a job, a position of public trust, a large loan, credit, etc. Insurance companies perform investigations over applicants; banks check on individuals applying for loans and also perform investigations on the applicant’s credit rating
When making personnel decisions including hiring, retention, promotion, and reassignment employers sometimes want to consider the backgrounds of applicants and employees. For example, some employers might try to do an investigation about the person’s work history, education, criminal record, financial history, medical history, or use of social media. Except for certain restrictions related to medical and genetic information, it’s not illegal for an employer to ask questions about an applicant’s or employee’s background, or to require a background investigation.
However, any time you use an applicant’s or employee’s background investigation or information to make an employment decision, regardless of how you got the information, you must comply with federal laws that protect applicants and employees from discrimination. The investigation includes discrimination based on race, color, national origin, sex, or religion; disability; genetic information (including family medical history); and age (40 or older). These laws are enforced by the Equal Employment Opportunity Commission (EEOC).
In addition, when you run background investigations through a company in the business of compiling background investigation or information, you must comply with the Fair Credit Reporting Act (FCRA). The Federal Trade Commission (FTC) enforces the FCRA. This article explains how to comply with both the federal nondiscrimination laws and the FCRA. It’s also a good idea to review the laws of Miami Beach South Beach and municipality regarding background reports or information because some states and municipalities like Miami Beach South Beach regulate the use of that information for employment purposes.
Before You Get Background investigations or information Miami Beach South Beach
In all cases, make sure that you’re treating everyone equally. It’s illegal to perform an investigation of the background of applicants and employees when that decision is based on a person’s race, national origin, color, sex, religion, disability, genetic information (including family medical history), or age (40 or older). For example, asking only people of a certain race about their financial histories or criminal records is evidence of discrimination.
Medical Investigation involves in background investigations: Except in rare circumstances, don’t try to get an applicant’s or employee’s genetic information, which includes family medical history. Even if you have that information, don’t use it to make an employment decision. Don’t ask any medical questions before a conditional job offer has been made. If the person has already started the job, don’t ask medical questions unless you have objective evidence that he or she is unable to do the job or poses a safety risk because of a medical condition.
FTC Miami Beach South Beach
If you get a background investigation or information (for example, a credit or criminal background report) from a company in the business of compiling background investigation or information, there are additional procedures the FCRA requires beforehand:
- Tell the applicant or employee you might use the information resulted from an investigation for decisions about his or her employment. This notice must be in writing and in a stand-alone format. The notice can’t be in an employment application. You can include some minor additional information in the notice (like a brief description of the nature of consumer reports), but only if it doesn’t confuse or detract from the notice.
- If you are asking a company to provide an “investigation report” a report based on personal interviews concerning a person’s character, general reputation, personal characteristics, and lifestyle you must also tell the applicant or employee of his or her right to a description of the nature and scope of the investigation.
- Get the applicant’s or employee’s written permission to do the background investigation. This can be part of the document you use to notify the person that you will get the investigation report. If you want the authorization to allow you to get background investigation reports throughout the person’s employment, make sure you say so clearly and conspicuously.
Certify to the company from which you are getting the investigation report that you:
- Notified the applicant and got their permission to get a background report;
- Complied with all of the FCRA requirements;
- Won’t discriminate against the applicant or employee, or otherwise, misuse the information in violation of federal or state equal opportunity laws or regulations.
Using Background investigation or information EEOC Miami Beach South Beach
Any background investigation or information you receive from any source must not be used to discriminate in violation of federal law. This means that you should:
- Apply the same standards to everyone, regardless of their race, national origin, color, sex, religion, disability, genetic information (including family medical history), or age (40 or older). For example, if you don’t reject applicants of one ethnicity with certain financial histories or criminal records, you can’t reject applicants of other ethnicities because they have the same or similar financial histories or criminal records. Background Investigation Miami Beach South Beach
- Take special care when basing employment decisions on background problems resulting from investigations that may be more common among people of a certain race, color, national origin, sex, or religion; among people who have a disability; or among people age 40 or older. For example, employers should not use a policy or practice that excludes people with certain criminal records if the policy or practice significantly disadvantages individuals of a particular race, national origin, or another protected characteristic, and does not accurately predict who will be a responsible, reliable, or safe employee. In legal terms, the policy or practice has a “disparate impact” and is not “job-related and consistent with business necessity.” Background Investigation Miami Beach South Beach
- Be prepared to make exceptions for problems revealed during a background investigation that was caused by a disability. For example, if you are inclined not to hire a person because of a problem caused by a disability, you should allow the person to demonstrate his or her ability to do the job – despite the negative background investigation or information – unless doing so would cause significant financial or operational difficulty. Background Investigation Miami Beach South Beach
FTC Miami Beach South Beach
When taking an adverse action (for example, not hiring an applicant or firing an employee) based on background investigation obtained through a company in the business of compiling background investigation or information, the FCRA has additional requirements:
- Before you take an adverse employment action, you must give the applicant or employee:
- A notice that includes a copy of the consumer report you relied on to make your decision. Background Investigation Miami Beach South Beach
- A copy of “A Summary of Your Rights under the Fair Credit Reporting Act,” which you should have received from the company that sold you the report. By giving the person the notice in advance, the person has an opportunity to review the report and explain any negative information. Background Investigation Miami Beach South Beach
- After you take an adverse employment action, you must tell the applicant or employee (orally, in writing, or electronically): Background Investigation Miami Beach South Beach
- That he or she was rejected because of information in the report; Background Investigation Miami Beach South Beach
- The name, address, and phone number of the company that sold the report; Background Investigation Miami Beach South Beach
- That the company selling the report didn’t make the hiring decision, and can’t give specific reasons for it; Background Investigation Miami Beach South Beach
- That he or she has a right to dispute the accuracy or completeness of the report, and to get an additional free report from the reporting company within 60 days. Background Investigation Miami Beach South Beach
BUSINESS BACKGROUND INVESTIGATION Miami Beach South Beach
Before entering into any business deal or partnership arrangement or hiring a senior executive, it is strongly recommended that a background investigation is conducted. This may well prevent future losses and lawsuits. In fact, the success of the business may depend on this investigation. Any history of personal litigation, including small and large suits; management track record; personal and business credit problems; criminal history including convictions, association with organized crime offenders, drug traffickers, and white collar criminals; and material misrepresentation, conflict of interest, or character defects all need to be investigated. Background Investigation Miami Beach South Beach
APPLICANT BACKGROUND INVESTIGATION Miami Beach South Beach
The chief reason for a background or screening investigation is to establish that the applicant has truthfully related all relevant information. Prospective employers have the option of rejecting applicants for employment at their own discretion except for reasons dealing with ethnic or racial origins, religious preferences, age or sex, or further requirements of the National Labor Relations Act. Similar state laws say that there shall be no discrimination based on workers’ rights to collective bargaining. The employer is otherwise unregulated with respect to reasons for rejecting employment applications. Many kinds of personal behavior and activities might be considered unsuitable for a prospective employee.
Background Investigation as a Private Citizen Miami Beach South Beach
1) Start your background investigation with an online search. Many sites provide background searches either cheaply or for free. Keep in mind, though, that internet searches might return inaccurate or outright false information. Make sure to verify all the information you find in your investigation. Background Investigation Miami Beach South Beach
2) For your background investigations search the public records. Information about arrests, convictions, and incarcerations is part of the public record. You can often access relevant documents through governmental websites for courts and police departments. Note that while many counties provide online databases, some still store public records in hard copy. If during your background investigation you can't find records online, contact the county courthouse to find out how to get access the public archives. You may have to pay a small fee to make photocopies of the documents you want to take with you. Remember to search documents in all states where your subject has lived, and to search county and city websites as well. Background Investigation Miami Beach South Beach
3) Be willing to put in the work. If you rely on public records for your research, you'll have to invest a great deal of time to get a complete background picture of the investigation. Even checking the courts in every county where the subject has ever lived isn't enough. You also have to look at every county where he's potentially had a run-in with the law even if he's never lived there! This can be time-consuming and difficult. Background Investigation Miami Beach South Beach
4) Ask for information directly from the person. Many records (credit reports, school records, military records, etc.) are off limits without the subject's permission. To get such information, you might try asking the person you're researching to provide it. While nobody has to give you access to their records, you can take a refusal into consideration when making decisions. Background Investigation Miami Beach South Beach
5) Hire a professional. Private Citizens can hire any legal service to run a background check. Search the internet for “background check service” to find local companies in your area. Researchers the company well before contracting its services to make sure it's a reliable, reputable firm, not a scam. Read online reviews to see whether customers are generally satisfied with their results. Background Investigation Miami Beach South Beach
In the Wasser Agency in Miami Beach South Beach, you can find experts in background investigations, that will give you peace of mind when hiring people or knowing who you are making business with. We are located in South Beach, Miami Beach area. Contact us to get more information about our background investigations.