You’ve Hired Someone with a Questionable Record: What’s Next?

You’ve Hired Someone with a Questionable Record: What’s Next?As a hiring manager, you know how difficult it can be to find the perfect candidate. In unsteady economic times like these, thousands of people can reply to the same job ad. It’s your duty to comb through them to find the best candidate for the position.
However, all those phone calls to verify employment and forms to request database information can take time. There’s work to be done! When you need someone right now, it can be tempting to cut corners. Don’t – it’s not worth it in the end.  Let the process do the work.
What do you do when you discover your new hire has a criminal (or otherwise questionable) record?
It sounds harsh, but hiring someone with a criminal record, industry sanctions, or other black marks on their record can pose a significant risk to your business and expose your company to liability.
1. Confirm your information is accurate. Verify in any way you can that the record actually belongs to your new hire. Data entry inaccuracies on your part and/or the database you used are quite common. In many cases, a small detail (like an old address or a middle initial) will clear up the confusion. If you use a third-party screener, double check they have provided you with the correct information.
2. Understand the conviction or sanction. Carefully investigate the employee’s past infraction that concerns you. Depending on the type, severity, and distance from the questionable mark, you may choose to disregard it. Of course, infractions in certain industries can’t be ignored, like the medical and financial sectors. It may be helpful to speak with a lawyer to make sure you don’t violate the new hire’s rights. If the person has a parole/probation officer or case counselor, speak with them as well.
3. Execute a Pre-Adverse Action. According to the Fair Credit Reporting Act, a job candidate or employee must be given an opportunity to dispute or explain any information uncovered on a background check. The employer must issue a Pre-Adverse Action, which is a document that informs the new hire that they can be terminated based on the information in the background check. You are also required to give the employee a copy of their rights under the Fair Credit Reporting Act, the background report, and a reasonable amount of time to respond.
4. Execute an Adverse Action. If the employee is unable to offer a suitable explanation or adequate proof that the results of the background check are inaccurate, you may issue an Adverse Action and termination. This must be done in writing. 
5. Review your screening process. If someone slipped through the cracks, your screening process needs some work. First, identify where the error occurred. Were the interview questions less than thorough? Were the references checked? Was each step of the background check completed? Were any licensing or accreditation agencies contacted? 
It’s worth mentioning that by hiring a felon, you may be creating a fiercely loyal employee. Job prospects for felons (or anyone with unfavorable marks on their records) can be slim. By giving the hire an opportunity, you may be rewarded with an outstanding employee who won’t leave a safe, steady job. 
Hiring a candidate should be a thorough multi-step process that uncovers problems and red flags as early as possible. That’s why a proper background check should always be a part of your screening process. You must simultaneously ensure the candidate/employee’s rights are protected and business is insulated from potential harm.
Shannon Hudspeth
Human Resource Director

Why your business needs a wellness program

Home Buyer 101: Basics for First Time Buyers

Home Buyer 101: Basics for First Time BuyersBuying your first home is one of the most exciting times in life. Embarking on the path to being a homeowner is your dream, and in your heart you’re ready for it. It’s a big deal, and buying a home for the first time can be one of the scariest most nerve-wracking experiences of your life. But it doesn’t have to be.

You wouldn’t be human if you weren’t just a little stressed out by embarking on such a monumental endeavor. But you can take a lot of the fear and anxiety out of the equation by doing two things: Get prepared financially to take on a mortgage, and choose your home wisely. Let’s talk.

Get Financially Prepared

Getting your finances in order is first and foremost. You have to know where you stand going into the process and I suggest not shopping around and falling in love with any particular property until you know exactly what you can afford (this will help you avoid a potential heartbreak). When you have your number, you can set your shopping expectations from there.

Here’s what you need to do:

Check Your Credit Score: Check your FICO scores from the three main credit reporting bureaus (Equifax, Experian, and Trans Union) to get a clear picture of where you stand. If your scores differ drastically, expect that lenders will use the median score. If you have two scores that are the same, lenders will use that score.

Credit score websites will give you a generic idea of what your score is but lenders use a slightly different model to calculate the score they will consider. Generally speaking, if your credit score is above 740 you’re in good shape. Below that, you can work on raising your score. If you’re below 720 and into the 600’s you won’t be looking at the best interest rates on your mortgage.

According to the Fair Credit Reporting Act (FCRA), you are entitled to a free credit report every 12 months from each of the three bureaus. You can find out how to get your free credit reports on the Federal Trade Commission website.

 Calculate your Debt to Income Ratio: Typically, a debt to income ratio of 43% or less is required to obtain a Qualified Mortgage. To calculate your debt to income ratio add up all of your monthly debt payments and divide that by your gross monthly income. If you’re over 43%, or hovering around that number, pay down some credit cards and loans if you’re able.

Consider Your Down Payment: Ask yourself – What do I have in the bank and what am I able to put down on a home? Experts suggest that a down payment of 20% is ideal. This not only lowers your monthly mortgage payment to begin with, it may help you to avoid paying Private Mortgage Insurance (PMI) which can lower your monthly payment even more.

Consider cost of ownership: After calculating mortgage rates and monthly payments think about it will cost to own the home you’re looking at. What kind of home are you getting into? What are your projected maintenance costs on that home? What will your property tax be? Is there a homeowners association with dues? These things will obviously add to your cost of ownership so think it through and be realistic.

Choose Your Home Wisely

Once you’re financially prepared, it’s time to start the home selection process (the place where your dreams and reality find a happy medium). Being smart about your purchase transcends income brackets and housing markets.  Here are a few things to be smart about:

Get an Inspection: Before you can seriously consider a property you have to know what you’re getting in to. Review the inspection report carefully if one exists. If not, have an inspection conducted by a licensed professional before entering into any serious negotiations with the buyer. This is where a lawyer would come in handy.

Get a Lawyer!: All New England states as well as several other states across the country have laws mandating a lawyer be present during the closing of real estate transactions. Even if your state doesn’t require it, having a lawyer oversee the transaction is never a bad idea especially when you’re making what will most likely be the largest purchase of your life.

Stay Open Minded While Shopping: Consider tolerating little imperfections in exchange for a lower purchase price. If the home has all of the features that are difficult to find (like location and size), maybe you can deal with the ugly tile in the bathroom for a bit. It will cost you less to make minor improvements to a home after the purchase, then what you spend on a higher purchase price for the house with the “perfect bathroom”. Think about it.

Get Insured: It’s your new castle and the biggest investment of your life, so when you close the deal on your new home (congratulations) make sure you have the right Homeowners Protection in place for it.

If you’re embarking on the home buying process for the first time, good luck. Be smart, take your time, and make good decisions. A mortgage is a big move and a long road, so make sure to set yourself up well for the journey ahead.

Sinclair Risk Management has experts standing by ready to help you protect your real estate investments. Get in touch with us for questions, support, or a no-obligation Homeowners Insurance quote anytime.

Rachel Winslow
Personal Lines Account Executive

Home Buyer 101: Basics for First Time Buyers

How High-Net-Worth Individuals Can Protect Their Assets from Lawsuits

Flood Insurance Rethinking Coastal LivingHigh-net-worth individuals face a greater risk of being sued, especially when unemployment is high and economic growth is tenuous.

According to a survey by ACE Private Risk Services, 80% of households with $5 million or more in assets believe their wealth makes them a target for lawsuits. These are real fears. Under the doctrine of joint and several liability, any defendant can be held accountable for a plaintiff’s injury, so smart lawyers will target the defendant with the highest net worth.

In spite of this, less than 40% have coverage of more than $5 million and 21% have no coverage at all.

Many wealthy families leave themselves open to liability and preventable lawsuits for two reasons:

  1. They underestimate the cost of damages they could be forced to pay.
  2. They assume the cost of effective protection is higher than it really is.

Typical homeowners’ and auto insurance policies will only cover $300,000 to $500,000 in damages, but lawsuits in the millions are common.

It’s important to purchase coverage that prepares for the extreme cases, not just the likely ones. Trusts and foreign accounts can shield some assets from litigation, but courts have tremendous reach. The best way to protect yourself is with excess liability or umbrella liability insurance.

Both policies are far cheaper than most people realize. They often cost just a few hundred dollars per policy for millions of dollars of coverage. This cost can be offset with slightly higher deductibles in other policies.

People often confuse umbrella liability insurance and excess liability insurance. While both protect people and businesses from dramatic loses by giving them access to additional coverage, they have a few differences.

What is excess liability insurance?

Excess liability insurance is an extension for another type of liability insurance. When a claim is reported to your insurance company, the underlying primary policy is the first to pay. If there are more damages, the excess liability insurance picks up the rest (up to your policy limit).

Excess liability insurance adds additional coverage to only that policy. It can’t be applied to another policy. If coverage isn’t provided by your underlying policy, it isn’t provided by the excess liability policy either. Excess liability insurance usually pays for the legal costs of defending the claim.

What is umbrella liability insurance?

Umbrella liability insurance is similar to excess liability insurance, but it can be applied to multiple underlying policies. It can also cover claims that are not included in the underlying policies.

For an umbrella policy to cover a claim, clients need to pay self-insured retention. This is like a deductible, but it’s paid directly to the claimant.

It’s important to make sure your policies work together without gaps. For example, if your umbrella policy is set to pay damages in excess of $500,000, make sure your other policies cover you up to $500,000. If there’s a gap, you could be forced to pay.

For the best protection, combine your insurance policies with a single company. This reduces the overall cost of your insurance and provides a single, coordinated legal defense in the event of a lawsuit.

Rachel Winslow

Personal Lines Account Executive

How High-Net-Worth Individuals Can Protect Their Assets from Lawsuits


Why Your Healthcare Organization Needs a Hospice Division

Home healthcare nurse helps senior woman use walker.When the end comes, most of us agree that it’s best to go pain-free at home with our families, rather than surrounded by a sterile medical environment and strangers.

The hospice movement began in London, 1967, when physician Dame Cicely Saunders founded St. Christopher’s Hospice. The movement eventually came to the States by way of the Yale School of Nursing, where nurses combined medical, psychological, and spiritual treatments to comfort dying patients. They offered a dignified, painless way for patients to die.

Originally a social movement, hospice has now become a massive, multimillion dollar industry served by nonprofit and for-profit institutions alike. 52% are for-profit, 35% are nonprofit, and 13% are operated by the government.

Hospitals and healthcare organizations are increasingly adding palliative care options like hospice programs to their business models, and yours should too.

1. Since 1982, Medicare has provided hospice benefits to patients who have no more than six months left to live (as certified by two doctors). This reimbursement essentially makes hospice available to everyone. Congress seems content funding this endeavor indefinitely.

2. Hospice programs are especially profitable. These programs lend themselves well to careful business decisions in regards to staffing and the recruitment of patients. A 2005 study in the Journal of Palliative Medicine found hospice programs owned by large for-profit companies generate margins nine times higher than nonprofit hospice programs. Hospice programs are paid by Medicare and insurance providers by day, not per treatment (like most other forms of healthcare).

3. Hospice programs benefit greatly from doctor referrals. Patients and their families rarely shop for a hospice program as they would a primary care physician or specialist. They are overwhelmed and unwilling to make complicated decisions during this time. When a doctor, hospital or nursing home recommends a program, the patients and families usually accept this option immediately, without evaluating the program’s merits. Hospice programs that work closely with doctors in the same healthcare organization can collaborate on the best care practices that suit the patient and the business.

4. Volunteerism is popular in the hospice industry. At any given time, there are more than 400,000 volunteers providing certain levels of care, spending time with patients, and other duties. This is an extremely effective way of trimming costs while providing valuable, rewarding volunteer experiences to the community and bolstering the spirits of ailing patients.

5. This specialized niche of the healthcare industry is growing rapidly. Soon, the aging baby boomer population will be seeking hospice care from their healthcare providers in tremendous numbers. 

Your hospice program doesn’t have to be heartless. Many programs allow patients to continue to receive treatment during hospice care. There have been many instances where hospice care has ceased because a patient has recovered significantly or resolved to continue treatment.

Without a doubt, developing a hospice program for your healthcare organization is a smart and effective way to meet the needs of your patients and achieve your business goals.

Heather Sinclair
Risk Management Consultant

Why Your Healthcare Organization Needs a Hospice Division