Published Mar 21, 2008
OBGYN Legal RN
15 Posts
Okay, not from Texas, but very scared of Group 1.....sounds illegal though. Is this not slander? Could they not be sued in a huge class action suit for libel??? I think one of you needs to find a VERY prominent and hungry attorney (just open your eyes:) and look into this. I am sure this is very illegal. Anyone know of any other states that do this?? I just threw up in my mouth thinking about it.
TheCommuter, BSN, RN
102 Articles; 27,612 Posts
Is this not slander?
This wouldn't be slanderous, since slander refers to the spoken word.
However, this could be potentially libelous, since libel refers to the written word. Hiring managers are reading background checks from GroupOne Services with subjective information, and deciding not to hire the applicant based on the written word.
It just sounds to me like one big Slam Book, and I'd look into the libel thing, especially if my job was affected by it.....good luck to all and I hope other states don't follow suit because I know some very spiteful nurse managers and supervisors out there!
RN1989
1,348 Posts
Unfortunately Texas is not a worker-friendly state. The laws in TX were changed 10+ years ago which made it very difficult if not impossible to hold an employer liable for anything that is said. Although there are still employers who have not wished to test this law to the fullest and continue to only give the routine info of name, date of hire/termination, eligible for rehire, etc. more and more employers have decided to use this law to their perceived benefit. Thus, Group 1 does nothing illegal. The "good ole boys" still rule high and mighty in TX and they make sure that they pass laws to prevent the rest of us from getting a fair shake.
Sirena922
421 Posts
Hey I'm not from Texas, so could you explain what Group 1 is and what it does.
Emokkado
7 Posts
Okay, I'll tell you exactly what GroupOne is. It is a consumer reporting agency. That is all. They are not part of the mafia, they are not Big Brother, they are not communist nazis. GroupOne is a pre-employment screening company formed by the Dallas Fort Worth Hospital Council to specifically seek to improve patient safety and quality of health care. If that means keeping child molesters, drug addicts, and law breakers out of the business, so be it.
Two of my daughters and myself have all had GP1 background checks and they have turned out Okay because none of us have broken any laws or violated company policies.
You only hear about the ones that turn out bad. 90 percent of the checks turn out Ok and most people don't even know they have a GroupOne although you actually signed a paper giving the company permission to do a background check.
There are many other companies that do the same thing, but GP1 is specifically geared to the medical community.
GP1 does not go out and dig up dirt on people. Employers ask them to verify certain information such as education, current and previous employment and criminal activity in their past and present locations.
If the employer gives the wrong ssn or date of birth or wrong spelling of a name, they will probably end up getting incorrect results. The only information GP1 reports is documented information. You can find most of it on-line if you know the right places to look.
Researchers are only allowed to contact HR and get information that is documented. They do not contact your supervisor (unless that is the number you gave on you application). If you give false or illegible information on your application you may be digging your own grave.
Hospital HRs are notorious for hiring entry level office personell. These people take the information from your application and enter it into the applicant system. Sometimes you enter your own information at a computer station or on-line. Watch out for typo's. One number off on you ssn could cause you to pull up with a record. Any company doing background checks must have 3 matches to report something on you. This could be any combination of First name, last name, date of birth and ssn.
As a "control" measure, supervisors often say "I'm going to groupone you", or I will report you to GP1. That is just silly. If you actually did violate company policy, they have a right to document it in your file. If they are just documenting something out of spite, you have the right to challenge it.
Just as with any consumer report, you have a right to see what is in your file. I think the charge is something like 12 - 13 dollars. If you have been denied employment because of what is in your GP1, you have a right to a free copy, just like you have a right to your credit report if you are denied credit.
GroupOne will initiate a dispute for you if you let them know what information is incorrect on your report. The company that reported the information has 30 days to respond. Unless they feel very strongly about what they reported against you, and it is completely documented, they will usually remove it.
Before YOU go around commiting slander and libel, learn the facts.
If that means keeping child molesters, drug addicts, and law breakers out of the business, so be it.
I, however, disagree with the fact that purely subjective information can be reported to GroupOne. Perfectly good nurses have been effectively barred from hospital employment in the DFW area, even though they have never broken a company policy or procedure. All it takes is one vengeful supervisor or nurse manager to do the damage.
In addition, why should nurses have to spend the time, money, energy, and effort to challenge allegations that are often wrongful and damaging to their careers?
I'd agree with the tactics of GroupOne, but ONLY if they'd report OBJECTIVE data about peoples' work histories. Subjective crap does not belong on any type of consumer report.
redranger
363 Posts
For a forgien trained nurse coming into the Texas Nurse workforce, I would assume they would be mute point.
Thanks for the info ladies. I'm from Michigan and hopefully they have something similar to this.
jspacegirl
132 Posts
I don't really see why GroupOne is necessary. It is not necessary to do criminal background checks, since you need a background check to get your nursing license. Further more, employers would be prudent to do background checks on every employee that they hire.
We don't need GroupOne to rid the system of incompetent nurses. That's what the Board of Nursing and peer review committees are there for.
So what IS GroupOne necessary for? It seems like GroupOne is just there as an entity to keep nurses from having a voice and power. Instead of fighting for better working conditions or a better standard of care for clients, nurses are forced into silence or else be subject to getting reported to GroupOne. GroupOne keeps nurses subservient. It's not right.
It would be nice if we could all stand up for ourselves and fight this, but that would just make us targets for getting reported to GroupOne.
handyrn
207 Posts
Very interesting post. I live in a state that requires a criminal background check to get a nursing job. So do the neighboring states. I just found out something interesting. I keep applying for jobs in a neighboring state and never get hired. The most recent one finally told me why. I have a criminal record for dependent adult abuse! OMG! I HAVE NEVER!!! So anyway, what the employer told me is that this is a mistake that happens all the time and it just needs to be investigated further. So, finally, after years of being turned down in this state, I find out why I have not been hired for jobs. First of all, it looks as though I have a criminal record, and second of all it looks like I lied on the application where it asks me if I have a criminal record. This is very disturbing. I am being told that it happens because I have a pretty common last name and things get mixed up a lot. So now I am in the process of trying to figure out how I can fix this mistake myself at the state level. It is very frustrating and scarey the things that can affect you that you have no control over and no knowledge of. I have never thought to pull my own criminal history as I know I have never been investigated, arrested, or charged with anything in my entire life!