Background Checks: What to Avoid
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Increasingly cautious about the legal repercussions of negligent hiring, more and more companies are
digging deeper into job candidates' backgrounds to verify that they are hiring honest, stable and reliable
people.
Trap: Being overzealous in background checking can expose the company to other types of liability -- involving
invasion of privacy issues, civil rights violations, etc.
DEFENSIVE MEASURES
To avoid problems in checking candidates' backgrounds...
Inform applicants. Explain the company's policy on background checks, and have a form ready for them to
sign, releasing the company from any liability.
Best: A statement at the end of the job application that a background check will be performed on every
candidate under consideration and that the applicant authorizes -- with a signature -- such a check, releasing
the company from all legal liability.
Beware of rules protecting applicants with criminal records. There is nothing illegal about doing research to
learn if a candidate has a criminal record. But if a record does exist, state that this does not automatically
disqualify the applicant. Equal opportunity employment laws can be used to make claims of discrimination
against companies that have policies banning employment of ex-convicts.
Caution: Don't deny employment based only on an applicant's arrest record. Arrests, according to Federal
employment agencies, are disproportionately high among urban minorities. As such, denial of employment
on the basis of arrests, but not convictions, can be construed as discriminatory.
Avoid asking about disabilities or checking workers' compensation records too hastily. It is illegal to deny
someone employment based on disability or a preexisting medical problem. The safest thing to do is to ask
about disabilities and consult workers' comp records after the company has made a conditional job offer.
Once such an offer is made, the applicant can be asked to undergo a medical examination to ensure that
he/she is capable of performing the essential functions of the job.
There are many valid reasons for wanting to check out the background of someone you know. If you are an
employer looking to hire a new employee, it is important to know their background for several reasons. If they
will be driving a company vehicle, its important to know that their driving record is acceptable. Your
companies insurance premiums will skyrocket if it is not. You will also want to know their criminal history,
especially if they will be handling money or accounting jobs. It is also a good idea to know if a prospective
employee has a history of assault charges, or stalking problems or anything of that nature to protect yourself
and your other employees.
Or maybe you met a new guy (or girl) online and are interested in getting to know them better. Wouldn’t you
rather know ahead of time if they are who they say they are? You can save yourself potential heart break, not
to mention possible physical safety issues and financial stress by knowing the background of the person you
are dating or thinking about dating. A background check does not guarantee your safety or well-being but it
can help by providing you with some information on the person you are interested in.
A landlord can also utilize a background check when making renting decisions, especially if the apartment is
connected to others. He wants to make sure that all his tenants are happy and someone with a poor criminal
history may not make the best neighbor. A violent person is one who a landlord would probably want to avoid.
There are many reasons to do online background checks. There is a lot of information that is available
online, from the comfort of your home, that can help you make decisions on all kinds of issues relating to
people. Although you have to take each case individually and remember that people are more then just their
mistakes, it is a great idea to check out the background of prospective employee’s , significant others
(especially if something seems suspicious-trust your instincts), and prospective tenants, as well as
countless others. You can potentially avoid a lot of headaches and hassles by having some of this
background information BEFORE making a decision on hiring or dating or letting someone move into your
home or apartment.
Do you own a business? Are you responsible for the hiring of firing of employees? Do you also have the
responsibility of job assignment and duties and are you the one who is held ultimately responsible for the
actions of those working under you? If the buck stops with you, you may want to start doing background
checks on your current employee’s as well as future candidates.
The technology is available for us today to find out all kinds of relevant information about the people who work
for us as well as those who would like to work for us. This information can be very helpful if deciding if
someone is right for the job. For example, a car dealership would not want to hire anyone with a poor driving
record because their company car insurance costs would rise dramatically. Most car dealership employees
do drive company cars at one time or another. You would also not want to hire anyone with a history of
financial problems to handle money. If they have trouble managing their own, they probably won’t be much
better at managing yours.
A person who has a history of filing frivolous lawsuits may not be someone you would want working for your
company. Although there are lawsuits filed that definitely have merit, if a person is suing someone every
chance they get, they may only be interested in easy money. They may not be the best workers or reliable.
You may also have concerns about your own companies assets being attacked by a unwarranted lawsuit.
A criminal history or criminal record check is also advised. You would need to be cautious when hiring
someone with a history of assault. This could mean an anger management problem. A person who has
restraining orders filed against them may also someone whom you would need to use caution in hiring. This
could indicate a personality disorder.
All in all, background checks on employee’s can yield a great deal of very useful information. I believe that
current employee’s should be given a chance to explain anything suspicious on their report before any action
is taken against them. I also believe that if the offense is minor, and a person is very qualified for a job, you
should give them the chance to explain any blemish on their record. A background check should be another
tool used in making employment decisions, not the only tool. The old saying that you can’t judge a book by its
cover still holds true today. You should only use the information to form a clear picture of who the person is
along with every other factor involved, such as work history and the personal interview with the person. I also
don’t believe that employee’s with exemplary employment records should be terminated because of a
mistake made in their past.
