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RE: FCRA & EMPLOEE INVESTIGATIONS

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  • Karl Souders
    Fellow Group Members, Sorry for the cross post: I know someone had visited this subject recently (either on this or another group), however, I wanted to make
    Message 1 of 6 , May 1, 2005
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      Fellow Group Members,

      Sorry for the cross post:

      I know someone had visited this subject recently (either on this or
      another group), however, I wanted to make sure that I understood
      correctly.

      Hypothetical - A client is under investigation for criminal charges,
      a current employee is maligning the client around town. Also, may
      be spreading information, that is "NOT" exactly on the up and up, in
      circles that would be causing more complications for the client.
      The client wishes to determine this employee's associates and other
      information about the employee, via surveillance, BG check, and
      other means.

      My question is: Did I understand that we would have to have a
      release or waiver of some type from the employee, since I would be a
      third party performing the investigation? Can someone provide
      information and what part of the FCRA applies?

      Thanks in advance,
      Karl Souders

      Souders Investigations
      AR LIC #D03-091
      315 E. 2ND Street
      Dyess, AR 72330
      870-764-2040
      888-480-7523
      soudersinvest@...
    • Consulting Investigation Services
      IF the results of your investigation are going to be used, or could be used to effect the pay grade or employment status, including demotions, then you MUST
      Message 2 of 6 , May 2, 2005
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        IF the results of your investigation are going to be used, or could be used
        to effect the pay grade or employment status, including demotions, then you
        MUST notify them in writing no later than 72 hours from the time you begin
        your investigation.
        You don't have to get their permission, but you have to notify them.
        I've got the rule number and section around here somewhere, I'll try and
        find it and get it up to you.
        Brian K. Ingram, Owner
        Consulting Investigation Services
        Email Tracing/Internet &eBusiness Investigations
        Forensic Data Recovery,
        Catastrophic Event Investigations,
        Major Case Criminal Defense
        "Setting the New Standards in Private Investigations"
        brian@...
        www.cispi.net
        www.itraceemail.com
        Texas P.I. License A-8429
        972-937-3938


        -----Original Message-----
        From: infoguys-list@yahoogroups.com [mailto:infoguys-list@yahoogroups.com]
        On Behalf Of Karl Souders
        Sent: Sunday, May 01, 2005 9:24 PM
        To: infoguys-list@yahoogroups.com
        Subject: [infoguys-list] RE: FCRA & EMPLOEE INVESTIGATIONS


        Fellow Group Members,

        Sorry for the cross post:

        I know someone had visited this subject recently (either on this or
        another group), however, I wanted to make sure that I understood
        correctly.

        Hypothetical - A client is under investigation for criminal charges,
        a current employee is maligning the client around town. Also, may
        be spreading information, that is "NOT" exactly on the up and up, in
        circles that would be causing more complications for the client.
        The client wishes to determine this employee's associates and other
        information about the employee, via surveillance, BG check, and
        other means.

        My question is: Did I understand that we would have to have a
        release or waiver of some type from the employee, since I would be a
        third party performing the investigation? Can someone provide
        information and what part of the FCRA applies?

        Thanks in advance,
        Karl Souders

        Souders Investigations
        AR LIC #D03-091
        315 E. 2ND Street
        Dyess, AR 72330
        870-764-2040
        888-480-7523
        soudersinvest@...










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      • Bob Hrodey
        ... Not any more. I think Rep Pete Sessions (R-TX) bill to remedy that goofy stuff was passed into law last year was it not? They get to hear about it at the
        Message 3 of 6 , May 2, 2005
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          on 5/2/2005 11:03 AM Consulting Investigation Services said the following:

          > IF the results of your investigation are going to be used, or could be
          > used
          > to effect the pay grade or employment status, including demotions,
          > then you
          > MUST notify them in writing no later than 72 hours from the time you begin
          > your investigation.
          > You don't have to get their permission, but you have to notify them.
          > I've got the rule number and section around here somewhere, I'll try and
          > find it and get it up to you.
          > Brian K. Ingram, Owner


          Not any more. I think Rep Pete Sessions' (R-TX) bill to remedy that
          goofy stuff was passed into law last year was it not?
          They get to hear about it at the hearing and contest it but the notice
          went out the window along with obtaining a release from them on
          workplace investigations. New hires are still subject to the full FCRA
          in that you need a release, they get the results if it results in them
          not being hired, etc.

          --
          Enjoy,

          Bob
          ________________________________________________________________
          Hrodey & Associates Established 1977
          Post Office Box 366 Member of NALI, ASIS, FBINAA, NAPPS
          Woodstock, IL 60098-0366 NCISS, Assoc Det of IL & P.A.W.L.I.
          Licensed in IL & WI (815) 337-4636 Voice 337-4638 Fax
          email: inquiry@... or rth@...
          Illinois License 115-000783 Wisconsin 8045-063
        • Consulting Investigation Services
          Here is the law itself from the FTC s web site. Read the definitions carefully. Investigative Consumer Report and Employment especially. Employment is
          Message 4 of 6 , May 2, 2005
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            Here is the law itself from the FTC's web site.
            Read the definitions carefully. Investigative Consumer Report and
            Employment especially.
            Employment is expanded to include promotion, retention etc..


            -----Original Message-----
            From: Bill Mitchell [mailto:mitchellreports@...]
            Sent: Monday, May 02, 2005 11:31 AM
            To: brian@...
            Subject: RE: [infoguys-list] RE: FCRA & EMPLOEE INVESTIGATIONS



            Brian:

            Please copy me as well. I am working with a client who has put a covert
            camera in place. She is stealing from him every day. Do we need to notify
            her before we catch her?

            Seems ridiculous.

            Bill Mitchell - Seven-Day Detective tm
            Mitchell Reports Investigations, LLC
            2131 Woodruff Road, Suite 2100-299
            Greenville, SC 29607-5959
            864.329.0530 (phone) 864.329.0531 (fax)
            Author "The More You Know - Getting the evidence and support you need to
            investigate a troubled relationship" http://www.billmitchellpi.com Watch Dr.
            Phil Tuesday, May 10th, 2005 for my guest appearance!

            -----Original Message-----
            From: infoguys-list@yahoogroups.com [mailto:infoguys-list@yahoogroups.com]
            On Behalf Of Consulting Investigation Services
            Sent: Monday, May 02, 2005 12:03 PM
            To: infoguys-list@yahoogroups.com
            Subject: RE: [infoguys-list] RE: FCRA & EMPLOEE INVESTIGATIONS

            IF the results of your investigation are going to be used, or could be used
            to effect the pay grade or employment status, including demotions, then you
            MUST notify them in writing no later than 72 hours from the time you begin
            your investigation. You don't have to get their permission, but you have to
            notify them. I've got the rule number and section around here somewhere,
            I'll try and find it and get it up to you. Brian K. Ingram, Owner Consulting
            Investigation Services Email Tracing/Internet &eBusiness Investigations
            Forensic Data Recovery,
            Catastrophic Event Investigations,
            Major Case Criminal Defense
            "Setting the New Standards in Private Investigations" brian@...
            www.cispi.net www.itraceemail.com Texas P.I. License A-8429 972-937-3938


            -----Original Message-----
            From: infoguys-list@yahoogroups.com [mailto:infoguys-list@yahoogroups.com]
            On Behalf Of Karl Souders
            Sent: Sunday, May 01, 2005 9:24 PM
            To: infoguys-list@yahoogroups.com
            Subject: [infoguys-list] RE: FCRA & EMPLOEE INVESTIGATIONS


            Fellow Group Members,

            Sorry for the cross post:

            I know someone had visited this subject recently (either on this or
            another group), however, I wanted to make sure that I understood
            correctly.

            Hypothetical - A client is under investigation for criminal charges,
            a current employee is maligning the client around town. Also, may
            be spreading information, that is "NOT" exactly on the up and up, in
            circles that would be causing more complications for the client.
            The client wishes to determine this employee's associates and other
            information about the employee, via surveillance, BG check, and
            other means.

            My question is: Did I understand that we would have to have a
            release or waiver of some type from the employee, since I would be a
            third party performing the investigation? Can someone provide
            information and what part of the FCRA applies?

            Thanks in advance,
            Karl Souders

            Souders Investigations
            AR LIC #D03-091
            315 E. 2ND Street
            Dyess, AR 72330
            870-764-2040
            888-480-7523
            soudersinvest@...










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            [Non-text portions of this message have been removed]
          • Consulting Investigation Services
            I thought he d got that bill through the House but I wasn t sure about the Senate and if it was signed. That s great. Brian ... From:
            Message 5 of 6 , May 3, 2005
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              I thought he'd got that bill through the House but I wasn't sure about the
              Senate and if it was signed.
              That's great.
              Brian

              -----Original Message-----
              From: infoguys-list@yahoogroups.com [mailto:infoguys-list@yahoogroups.com]
              On Behalf Of Bob Hrodey
              Sent: Monday, May 02, 2005 11:30 AM
              To: infoguys-list@yahoogroups.com
              Subject: Re: [infoguys-list] RE: FCRA & EMPLOEE INVESTIGATIONS


              on 5/2/2005 11:03 AM Consulting Investigation Services said the following:

              > IF the results of your investigation are going to be used, or could be
              > used
              > to effect the pay grade or employment status, including demotions,
              > then you
              > MUST notify them in writing no later than 72 hours from the time you begin
              > your investigation.
              > You don't have to get their permission, but you have to notify them.
              > I've got the rule number and section around here somewhere, I'll try and
              > find it and get it up to you.
              > Brian K. Ingram, Owner


              Not any more. I think Rep Pete Sessions' (R-TX) bill to remedy that
              goofy stuff was passed into law last year was it not?
              They get to hear about it at the hearing and contest it but the notice
              went out the window along with obtaining a release from them on
              workplace investigations. New hires are still subject to the full FCRA
              in that you need a release, they get the results if it results in them
              not being hired, etc.

              --
              Enjoy,

              Bob
              ________________________________________________________________
              Hrodey & Associates Established 1977
              Post Office Box 366 Member of NALI, ASIS, FBINAA, NAPPS
              Woodstock, IL 60098-0366 NCISS, Assoc Det of IL & P.A.W.L.I.
              Licensed in IL & WI (815) 337-4636 Voice 337-4638 Fax
              email: inquiry@... or rth@...
              Illinois License 115-000783 Wisconsin 8045-063







              <p><hr></p>
              To subscribe, send an empty message to <a
              href="mailto:infoguys-list-subscribe@yahoogroups.com">infoguys-list-subscrib
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            • Consulting Investigation Services
              Karl, It seems that while I had my head up inside computers, the law changed. Bob provided the new information. I m sorry I originally sent you erroneous
              Message 6 of 6 , May 3, 2005
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                Karl,
                It seems that while I had my head up inside computers, the law changed.
                Bob provided the new information.
                I'm sorry I originally sent you erroneous information, it was not
                intentional.
                In any event, now you have the correct answer and that is what is important.
                Take care,
                Brian

                -----Original Message-----
                From: infoguys-list@yahoogroups.com [mailto:infoguys-list@yahoogroups.com]
                On Behalf Of Karl Souders
                Sent: Sunday, May 01, 2005 9:24 PM
                To: infoguys-list@yahoogroups.com
                Subject: [infoguys-list] RE: FCRA & EMPLOEE INVESTIGATIONS


                Fellow Group Members,

                Sorry for the cross post:

                I know someone had visited this subject recently (either on this or
                another group), however, I wanted to make sure that I understood
                correctly.

                Hypothetical - A client is under investigation for criminal charges,
                a current employee is maligning the client around town. Also, may
                be spreading information, that is "NOT" exactly on the up and up, in
                circles that would be causing more complications for the client.
                The client wishes to determine this employee's associates and other
                information about the employee, via surveillance, BG check, and
                other means.

                My question is: Did I understand that we would have to have a
                release or waiver of some type from the employee, since I would be a
                third party performing the investigation? Can someone provide
                information and what part of the FCRA applies?

                Thanks in advance,
                Karl Souders

                Souders Investigations
                AR LIC #D03-091
                315 E. 2ND Street
                Dyess, AR 72330
                870-764-2040
                888-480-7523
                soudersinvest@...










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