Employment Background Check

Our field-tested solutions are designed to assist you with employee background checks, background check guidelines and pre-employment screening.

You’ll also gain a full understanding of the Fair Credit Reporting Act, to guarantee you’re in compliance with every facet of employment background checks

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Have you ever thought of not hiring an applicant because he or she had previously declared bankruptcy? Maybe you thought that was discriminatory. But a court last week said, “Don’t worry.” Private employers won’t violate the U.S. Bankruptcy Code if they refuse to hire. But firing based on bankruptcy status is another story…
Gov. Arnold Schwarzenegger has vetoed A.B. 482, a bill that would have prevented employers from using consumer credit reports when performing background checks on employees and applicants.
Online tools can be highly valuable in recruiting and selecting the best candidates and screening out bad hires. Despite the potential advantages, those activities come with potential employment law risks that are still evolving due to the relatively recent emergence and growth of social media. Some of the obvious and not-so-obvious legal risks:

Can the federal government require contract employees to disclose their use of illegal drugs? Can states sanction employers that knowingly hire unauthorized aliens? The U.S. Supreme Court will decide these and other issues in its new term, which began in October.

The Illinois General Assembly has been busy, passing legislation that HR professionals need to know about. Specifically: the Employee Credit Privacy Act, which prohibits many Illinois employers from basing hiring, promotion and other employment decisions on the credit histories of employees and job applicants, and the Wage Payment and Collection Act, which protects employees who have not been paid all their wages.

The California State Senate and State Assembly have approved a bill that would restrict the use of credit reports by employers that conduct background checks on job applicants and employees. But enactment isn’t a sure thing, based on the recent history of similar legislation.

Cincinnati-based First Transit faces charges that its policy barring all applicants who have a felony conviction disparately impacts minorities and therefore violates the Civil Rights Act.
Q. A deceased employee’s spouse has asked us for copies of personal e-mails that were on the employee’s work computer. Can we provide her copies?
Illinois last month passed a law that prohibits employers (in most cases) from using a person’s personal credit history to fire, refuse to hire or otherwise discriminate against the person. Several other states are considering similar bills.

If you can’t explain how you select candidates or why you hired one applicant instead of another, get ready for court! However, there’s a simple, two-step way to keep from being sued: 1. Create a hiring process that makes sense. 2. Follow it rigorously.

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