| Revision | Revision Date | Author | Description of changes |
|---|---|---|---|
| v0.0.1 | 2017-06-23 | Vladimir Ursu | Initial Document |
| v0.0.2 | 2017-06-23 | Eugene Istrati | Approved |
Mitoc Group Inc (the "Company") is committed to recruiting and retaining qualified employees and to protect the company's assets and property as well as that of the customers of the Company. Due to this commitment, Mitoc Group has established an employment background investigation policy.
This policy applies to all full- and part-time employees of the Company and extends to any contract personnel that may provide services for the Company or its customers.
As a condition of employment or continued employment (as deemed necessary), the Company shall conduct such background investigations or hire the services of a third party vendor to conduct the investigations. The Company performs a series of screens (i.e., criminal screen, felony and misdemeanor) on new job applicants, as well as current employees being considered (and eligible) for transfer or promotion into another position. As used in this policy, the term "candidate" can mean either a new job applicant or current employee being considered for transfer or promotion, as applicable.
The purpose of the policy is to determine or confirm, within appropriate legal limits, certain qualifications and the suitability of a candidate for the particular position for which the applicant or employee is being considered.
Additionally, the Company shall require, in its contracts, any subcontractor or agent, who refers candidates for employment or as contract employees to perform work at the Company or its customers, to adhere to the requirements set forth in this policy.
The Company will perform background checks on all candidates, and shall determine, in its sole discretion, the type and number of background checks to be performed. The Company will treat all candidates fairly and consistently, and will review each candidate on his or her own merits, and make employment decisions based upon the totality of each candidate's qualifications and the results of background checks. In general, the relevance of background check results to a candidate's eligibility for employment is based upon the following factors:
- the nature of the job for which the candidate is being considered;
- the nature of any adverse or negative information; and
- in the case of adverse or negative information, how recently the adverse or negative incident occurred and the age of the candidate at the time of the incident.
No offer of employment or promotion is final or binding until all necessary screenings are complete and Human Resources (HR) notifies recruiting or the hiring manager that a final offer can be made.
The components of each candidate's background check will depend on the position the candidate is seeking. The Company has contracted with a third-party vendor and, upon request, can perform any of the following checks:
- Widescreen Plus National Criminal Search
- Social Security Validation
- Social Security Trace
- Criminal Felony and Misdemeanor
- Statewide Criminal
- Felony Criminal
- National Sex Offender Registry Search
- Terrorist Watch List (Prohibited Parties)
- Drug test (as applicable)
- International Investigation
In the event the candidate is a rehire who has not been employed by the Company for more than six (6) months, he or she will be subject to screening upon return, based on the requirements of the new position.
The Company reserves the right to perform criminal background checks for all positions of the company.
All new hires (including contractors) are subject to a criminal background check. If rehired prior to six (6) months, it is at the sole discretion of the Company to perform a criminal background check on the rehire.
Criminal background checks may be conducted annually or anytime at the request of Company's new client. All criminal checks will be at the sole discretion of the Company and will follow the background check procedures and responsibilities. Client facing employees (i.e., PS and MS) will be subject to a re-run of the background check every 5 years of continuous employment.
A criminal background check which shall consist, at minimum, of a federal and state check for felony and misdemeanor criminal convictions (or the equivalent thereof under relevant non-US law) in all locations where the assigned employee has resided, has been employed, or has attended school in the immediately preceding seven (7) years and a check of U.S. Government Specially Designated National and export denial lists. The criminal history check will also include, to the extent available, a check for outstanding warrants or pending felony charges in all such locations. Statewide county searches shall be performed in all states where such search mechanism is available without requiring specialized data (such as fingerprints or DNA), and the National Criminal File database shall also be searched.
The Company reserves the right to perform drug screening on current employees and candidates for the following positions:
- All positions where work may be performed on a client site and is required by the respective client as a condition of their employment practices.
Current employees are also subject to drug screens when:
- Involved with work related injuries or accidents totaling more than $500 in damages;
- As part of a "fit-for-duty" examination, or when the contracted Client otherwise requires a drug screen
- The Company has reasonable cause or suspicion to believe that an employee is either under the influence of, or is suspected of using, alcohol or drugs on the job, or in a manner affecting his or her job performance
Refer to the Substance Abuse Policy for additional policy and procedural guidelines for drug testing at the Company.
An international investigation shall be conducted when an applicant is coming directly from another country or when the applicant was a resident outside the US during the last seven (7) years. This investigation shall be conducted by an accredited international agency in the appropriate country.
Other investigations as deemed necessary by the Company or a customer of the Company.
The Company shall abide by the contract terms and requirements of specific customers; however, in no circumstance will the Company assign employees to provide services to customers who:
- have been convicted of a felony or misdemeanor (or the equivalent thereof under relevant non-US law), or for whom a warrant is outstanding, or for whom a felony or misdemeanor charge is currently pending, or is on a U.S. Government Specially Designated National or export denial list. The foregoing shall not apply to a minor traffic violation (a moving traffic violation other than reckless driving, hit and run, driving to endanger, vehicular homicide, driving while intoxicated or other criminal offense involving gross negligence, recklessness, intentional or willful misconduct while operating a motor vehicle), to a conviction that has been legally expunged, or to a conviction for a misdemeanor that occurred while the employee was under the age of twenty-one years; or
- have a confirmed positive test result from the drug testing, or
- does not have the legal right to work in the jurisdiction in which the employee will be performing services.
- All candidates are required to sign appropriate releases and authorizations before the Company performs background checks.
- Candidates shall not provide false or misleading information in an application, release or authorization. Any candidate providing such information may be eliminated from any further consideration. Candidates shall provide accurate and complete information and must not omit material information needed for the Company to make a decision.
- Candidates who refuse to sign the release or participate in screening will be terminated if a current employee, or will no longer be considered for employment with the Company if a candidate for new hire.
- Human Resources will initiate background searches at the time of an employment offer or offer of promotion is made (offer contingent upon successful completion).
- A criminal record does not automatically disqualify a candidate from consideration for employment or promotion. However, a criminal record may be a relevant consideration depending on the nature of the conviction and the specific position for which the candidate is being considered. Human Resources will utilize a criminal conviction disqualification matrix for hiring or promotion guidance to screen for relevant criminal background information.
- When necessary and prior to making employment or promotion decisions, Human Resources will review preliminary screening results and consult with Legal Counsel if necessary.
- The Company will not reject a candidate based on criminal check results until the Company (or its third-party vendor) sends the candidate any pre-adverse and adverse action notices required under federal or state laws.
- The Company may consider extenuating circumstances, such as illness, divorce or other family problems, in analyzing background check results.
The Company's policy is to comply with all applicable federal, state and local laws in the jurisdictions in which the Company does business.
The Company will keep the results of all background checks confidential, disclosing the results only to Company employees and consultants on a strict "need to know" basis.
All investigations will be conducted in compliance with the federal Fair Credit Reporting Act (FRCA), the Americans with Disabilities Act (ADA), and any other applicable local, state or federal laws and regulations.
This Policy is not intended to limit the types of background checks that the Company may decide to perform, or to provide a detailed decision-making process after receiving the results of a background check. This Policy does not limit the Company's right to hire, discipline or terminate any employee. This Policy does not create a contract of employment with any employee, and the relationship between the Company and any employee is "at-will." If you have questions about these subjects, please contact Human Resources.