Bringing Background to the Foreground Case Studies

BRINGING
BACKGROUND TO THE FOREGROUND

PRESENTED BY:
MICHELLE PYAN MBA
LICENSED PRIVATE INVESTIGATOR
PRESIDENT
COMMERCIAL INVESTIGATIONS LLC

AUGUST 29, 2011

BRINGING BACKGROUND TO THE FOREGROUND

CASE STUDY:
ROBERT M NELSON
• Scientist
• NASA v Nelson
– January 19 2011
– US Supreme Court

Please Text Questions and Comments to 518-470-6813.


CASE STUDY:
ROBERT M NELSON
• Implications • Quandaries
– Confirms use of open – Do you implement
ended questions in Questionnaires for
background prospective employees?
investigations – Do you inquire about
– Questions about drug illegal drug treatment?
treatment are – How do you handle
constitutional background investigations
– Questions to third parties on contract employees?
are constitutional
because they are
appropriate and
pervasive


CASE STUDY:
ROBERT M NELSON



CASE STUDY:
ROBERT M NELSON
• Hindsight is 20 / 20
– Cyber Investigation
– Origin
– Criminal – County, Statewide, Federal
– Motor Vehicle
– Civil – County and Federal
– Education
– Employment
– References
– Credit Report


CASE STUDY:
ROBERT E BOHNE
• Deceased
• Enviroclean v Bohne
– October 26 2007
– Court of Appeals Fifth
District of Texas at
Dallas



CASE STUDY:
ROBERT E BOHNE
– Background – Would random drug
Investigations are a testing protect your
necessary component business from such
of being in business liability?
– Drug testing is allowed – Should you implement
for any business and a a questionnaire asking
necessary component about drug treatment?
in most industries – Do you have adequate
insurance coverage to
recover from such a
case?


CASE STUDY:
ROBERT E BOHNE
– Drug Test
– Motor Vehicle
– Origin



CASE STUDY:
MICHAEL VICK
• NFL Player
• Plead Guilty to Felony
Dog Fighting Charges



CASE STUDY:
MICHAEL VICK
– NFL Commission Had – Is a previous criminal
to Allow Vick to Return conviction a
to the NFL permanent indicator of
character?



CASE STUDY:
MICHAEL VICK
– Origin
– Drug Test



CASE STUDY:
JIM THORPE
• Professional Golfer
• Plead guilty in
September 2009 to
failure to pay $1.6
million in taxes



CASE STUDY:
JIM THORPE
– What do you know – How will you react to
about your your employees
independent actions while
contractors? employed by your
organization?



CASE STUDY:
JIM THORPE
– Origin
– Credit Report
– Civil – County and Federal



CASE STUDY:
REX RYAN
• NY Jets Coach
• Loves his wife’s feet



CASE STUDY:
REX RYAN
– Employees actions – How do you handle
outside of work can the press?
affect your – What if you knew this
organization from a background
– Personal lives are investigations report
personal reference? How
would it affect your
hiring decision?



CASE STUDY:
REX RYAN



CASE STUDY:
MIKE HAYWOOD
• University of
Pittsburgh Football
Coach
• Charged with a felony
(domestic violence)
• Fired before coaching
one game



CASE STUDY:
MIKE HAYWOOD
– Fired after an arrest – Is domestic violence
not conviction not as violent because
it is domestic?
– Some domestic cases
are sealed.



CASE STUDY:
MIKE HAYWOOD
– Origin

What about -
Continuous Screening
Random Screening



CASE STUDY:
TIGER WOODS
• Professional Golfer
• Infidelity
• Morals Clauses



CASE STUDY:
TIGER WOODS
– Associates, endorsers, – Should we have morals
testimonial givers, clauses in our manuals
moral compass vetting and background
investigations
adjudications
parameters?



CASE STUDY:
TIGER WOODS
– Origin
– Criminal
– References
– Drug Test
– Motor Vehicle



CASE STUDY:
PRESIDENT CLINTON
• Impeached but not
removed from office
• He was acquitted by
the Senate



CASE STUDY:
PRESIDENT CLINTON
– Match the skills to the – How do you deal with
job no conviction, yet well
– Cannot take “arrest” known information?
information into – How does character
consideration in some affect job
states and the EEOC performance?
greatly frowns upon it – Does it matter? Does
it in some industries
and not others?



CASE STUDY:
PRESIDENT CLINTON



CASE STUDY:
TIM DONAGHY
• Pled guilty to betting
on NBA games,
including games he
officiated
• Pled guilty to
providing confidential
information to others
who bet on NBA
games



CASE STUDY:
TIM DONAGHY
– High Level “Officials” – What will be your
can cause the most wake up call?
damage – How do you vet your
– Where does the high level “officials”?
information you post – Should you be
about your employees validating employee
come from? supplied data such as
bios that are shared
for company
purposes?


CASE STUDY:
TIM DONAGHY
– Executive Background Investigations
• Validates all resume and applicant details
• Most extensive pre-employment background investigation



CASE STUDY:
SEUNG-HUI CHO
• College Student
• Shooter in the Virginia
Tech Massacre



CASE STUDY:
SEUNG-HUI CHO
– Federal privacy Laws – Is court ordered
outpatient treatment at
– Prior Police Reports a mental health facility
(not convictions – protected under
arrest information) HIPAA?
– How would such a
court order affect your
hiring?
– What is the Secret
Service Shooter
Profile?


CASE STUDY:
SEUNG-HUI CHO



CASE STUDY:
JARED LOUGHNER
• Tucson Arizona Alleged
Shooter
• Kicked out of Pima
Community College
• Two Previous offenses
• Member of the online
conspiracy theory
“Above Top Secret”



CASE STUDY:
JARED LOUGHNER
– Cyber Investigations – Should you check all
can reveal new hires against
questionable military records for
behaviors rejection?



CASE STUDY:
JARED LOUGHNER



RECAP



QUESTIONS AND ANSWERS



DISCLAIMER
The information provided in this presentation does
not constitute legal or accounting advise. It is for
information and discussion purposes only.

This presentation may not be reproduced without the
written consent of the author.



THANK YOU!
Michelle L. Pyan LPI MBA

Commercial Investigations LLC
Licensed Private Investigative Agency

Offices in Harmony Florida and Cohoes New York

(800) 284-0906

michellepyan@commercialinvestigationsllc.com


Bringing Background to the Foreground Case Studies

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