Employment Background Check

Q. We're going back and forth on this question: On an employment application, can we legally ask about an applicant's prior conviction record or arrest record? —T.F., Nevada

Q. We don't ask applicants for their age or birth date on our application. But we plan to start conducting background checks on applicants whom we're seriously considering. The company that will conduct the checks for us said the birth date is on all the applications they see and that it's instrumental to conducting the checks. What should we do? —V.T., Wyoming

HR Law 101: Most organizations ask candidates to fill out a job application. Make sure that yours meets federal, state and local requirements. Don’t ask for information that could be considered discriminatory ...

HR Law 101: Make it your policy never to hire a candidate without a reference/background check. Your organization could be held liable for “negligent hiring” or “failure to warn” should the employee turn violent on the job. If the employee’s past history would have revealed a problem but you didn’t spot it because you didn’t check, the courts will say you “should have known.” Your firm not only might have to pay damages but also would suffer a loss of reputation ...    
 

 

HR Law 101: If you fail to do background checks on applicants for certain positions, you could make yourself vulnerable to a negligent-hiring lawsuit by any worker or customer who’s been hurt by a violent employee. You should check applicants’ backgrounds especially for positions such as day care worker, security guard and sales representative ...

Here’s how a corporate recruiter would advise you to land a job as an executive in a public company:

On June 20, Pennsylvania became the latest state to set stiff penalties for any business found guilty of mishandling sensitive employee information. That makes 45 states and the District of Columbia that have passed similar identity-protection laws over the past four years.

Say you want to open another office or relocate to a more modern space, but you can’t afford to lease or buy a new location. One possible solution: Contract for a “virtual” office.

Issue: Must you seek permission each time you want to review an employees' credit record?
Benefit: As a new court ruling shows, the answer is 'no;' you can obtain one ...

Your organization can be held liable for "negligent hiring" if an employee commits a crime and you could have (or should have) prevented it. That's why it's crucial to run background ...