When employers screen an applicant and their criminal record is clean, it doesn't necessarily mean that their record remains that way. Unfortunately, employers facing claims of negligent hiring due to workplace violence and employee theft know this all too well. Employees face hardships and challenges in their lives that may lead to activities the employer would deem harmful. New hires may also be held to a different standard than employees who were hired years before.
Is it normal for employers to do periodic background screening of current employees?
Why is it important?
When background screening a new employee or current employees, accuracy is vital. Not only do employers want the truth about potential criminal activities, candidates and employees don't want to lose an employment opportunity due to false information. Employers must also allow the screened applicant time to dispute inaccurate information through the use of FCRA adverse action procedures. In other words, the veracity of criminal background checks is very important.
When screening an employee, how accurate are criminal background checks?Read More
Not only do employers have the task of running their businesses but they must also stay aware of laws that relate to employment. There has been a sharp increase in litigation brought against employers who may be in violation of the Fair Credit Reporting Act during their hiring and screening processes. If an applicant doesn't pass a background check, the employer must follow a set of "adverse action" procedures to inform the applicant. When these procedures aren't followed, employers are facing fines and lost resources.
A recent court case reveals another potential hit for employers if their hiring processes aren't FCRA-compliant.
Topics: FCRA Compliance
Because states handle labor and employment laws differently, there may be some confusion among employers. Recently, a VeriFirst customer from Texas asked if they are required to send adverse action notices since Texas is an "at will" employment state. While it's true that states have mandated their own FCRA laws, no employer is exempt from following federal FCRA guidelines, including adverse action notices.
To learn more about at will employment and adverse action, keep reading.Read More
Topics: FCRA Compliance
When employers are using credit reports and other background checks to determine their hiring decisions, they must abide by the consumer protections set forth in the federal Fair Credit Reporting Act (FCRA). Some states have enacted their own FCRA laws that may be more specific and offer greater protections for that state's citizens. As a hiring manager, these two levels of legislation can be overwhelming or confusing during the hiring process.
When screening potential employees, what's the difference between state and federal FCRA laws?Read More
When a background check on an applicant and/or current employee or tenant yields negative results, your next move seems obvious: Grab the next application and move on! Right? Not entirely.
When taking adverse action, following the rules is paramount.Read More
Background checks are becoming more common, not only for creditors and landlords, but for employers and people looking for roommates or babysitters. A background check can eliminate people who do not meet your set criteria. Perhaps you are an employer who requires your employees to use a company car. Obtaining a driving record is a critical piece in the employment process. By utilizing background checks, you are able to feel more confident that you are bringing a person into a situation that will work for everyone involved.
Before performing a background check, you need to make sure you understand some of the basics behind a background check.Read More
The Fair Credit Reporting Act (FCRA) places limits and rules on the usage of consumer reports by both employers and landlords. As such the following duties must be carried out when you are making use of a personal consumer report.
Employer and Landlord Responsibilities under the Fair Credit Reporting Act.Read More
When conducting background checks or drug screening, the Fair Credit Reporting Act (FCRA) dictates that employers obtain applicant consent and authorization. The form is ensure the applicant has been clearly notified and given permission for the employer to obtain background screening information. A recent court case reveals that employers are still trying to get around the strict regulations for this form. Far too many large organizations are being taken to court over the mishandling applicant consent.
As a quick reference for employers, here are the do's and don't's of applicant consent to a background check.Read More
Topics: FCRA Compliance
Because small businesses don't hire as many or as regularly as large enterprises, each new hire must be a solid fit for the company. Employees are working above and beyond their job description and in a growing business, finances and timing are crucial. Small business hiring managers must evaluate cost, ease and customer service when considering screening options. Other reasons for background checks include the potential of negligent hiring claims, damage to the brand reputation, and loss of company morale if the wrong person is hired.