It’s not enough that an employee is a reflection of your business. Employers also may fear being held responsible for their employees’ dangerous or unfit actions; thus, they want to be careful during the hiring process.

An employer has a legal responsibility to hire someone who is safe, qualified and fit for the position. Finding out about the candidate is the first step toward fulfilling that responsibility. So, isn’t it prudent for an employer to be concerned about hiring a worker with a criminal record?

No employer wants to leave an opening for a negligent-hire lawsuit. Nor does an employer desire to have an employee who mishandles confidential information, cash, credit or financial accounts. It is important that every organization considering hiring become familiar with laws regarding criminal investigations, respective to its resident state as well as the Fair Credit Reporting Act (FCRA).

10 Types of background checks 

Employers can search the following places:

• A resume, employment verification (including education) and references 
• Social security number verification
• A criminal record check via courthouse or state records (state repositories)
• Department of motor vehicles reports
• Civil court records
• Worker’s compensation information (pertaining to state law)
• Credit reports
• Sexual offenders databases
• By asking a potential hire to be fingerprinted for a background check with the State Police or FBI
• Social media and Internet

Some red flags to look for:

• Inconsistent information
• Gaps in information
• Habitually poor credit
• Complaints, adverse actions, or convictions on record
• Arrests or convictions
• Evidence of substance abuse

As an employer, if you hire a consumer reporting agency to conduct the background check on your behalf, you will need to have authorization in writing from the potential hire prior to beginning the investigation process, and the agency must follow the rules outlined in the FCRA. However, if you do not use a consumer reporting agency, you may not be subject to the guidelines within the FCRA, depending upon what method of investigation was used.

Be aware that the potential hire is entitled to a copy of your findings and may dispute the information.

We care about serving our clients 

This information is provided as a service of The Lee Group because we care about our client companies. If you would like to know more about us and how we serve our clients, contact one of our trained recruiting and staffing professionals today. We would be happy to answer your questions.