Employee background checks are a vital way for an employer to learn more about the applicant, but can also be a source of potential liability. The Internet has made it much easier to obtain both personal and professional information about job applicants, but it pays to be careful about where you look, which information you trust, and which questions you ask. Make Your Employee Background Check ReasonableHere are some things to keep in mind when performing an employee background check: Records an Employer Can Likely Consider when Performing an Employee Background CheckSome of the records below, such as credit reports, drug tests and driving records, require the consent of the applicant, but are still considered routine records to be used when performing a background check. As discussed above, regardless of the record type, always make sure that such an inquiry is related to the job. Finally, if you decide not to hire someone based on his or her credit report, you must provide the applicant with a copy of the report and advise the applicant of his or her right to challenge it. Also be aware that several states have even stricter rules limiting the use of credit reports, so check your state’s laws before turning down an applicant based on their credit. Records You May Not be Able to Consider when Performing an Employee Background Check• Criminal records: Whether employers can access criminal records varies greatly between states, but in many states such records can only be used by certain employers such as public utilities, law enforcement, security guard firms, and child care facilities. Even if employers cannot access criminal records, whether employers can ask about past criminal activity also varies greatly between states, but some states allow employers to ask about a criminal past even if they won’t allow employers to access criminal records. This is probably a potential employer’s biggest area of liability and it is highly recommended that you consult a lawyer to find out the rules applicable in your particular state. Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
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