Carrying Out Employee Background Checks Correctly

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Background Checks: Part of the Business

Most, but not all employers conduct background checks. A background check may consist solely of checking with former employers or personal references. Whether a company chooses to or is required to they can further explore applicant's or employees' history.

 

Employers: What you get 

The usual background check consists of contacting former employers and checking personal references. The employer may have the choice to expand the search. Additional checks could include criminal background, driving record, educational and professional credentials, and credit history (additional checks are usually determined by the job title or function).

Guidelines To Keep In Mind 

  • Check federal, state and local laws and regulations as they may differ slightly.
  • Be certain there is a job or business-related reason for the selection processes utilized (i.e. motor vehicle checks for drivers, credit checks for bank tellers)
  • Explain the procedures on the application form, in the interview or wherever
    appropriate.
  • Obtain written authorization from the applicant or employee. Have the applicant or employee sign an authorization form for each of the types of information to be checked.
  • Inform the individual of his or her right to request additional information on the nature of the report and the means by which this information may be obtained.
  • There are numerous firms that provide assistance with background checks; be certain they are reputable and comply with all federal, state and local laws.
  • Maintain confidentiality.

Getting Started 

When you request an applicant to sign a job application, if you are conducting background checks there should also be a separate consent form. Ensure the statement is clear and consise for the employee.

Notice of a background check has to be on a separate form. The only other information this form can include is the authorization and information that identifies the applicant. Neither the notice of a background check nor any other form should ask questions like "race," "sex," "full date of birth," or "maiden name." Such questions violate the federal Equal Employment Opportunity laws. The applicant should never be asked to sign any document that waives their right to sue a screening company or the you for violations of the law.

What the Applicant or Employee Should Know 

Who will see the gathered information?

  • The employer or its agent
  • Any agency or department of a unit of general local government, federal, or state or a federal or state officer.
  • Any self-regulatory organization with regulatory authority over the activities of the employer or the employee.
  • Others required by law
  • A government agency, in accordance with an existing Fair Credit Reporting Act (FCRA) section that allows a consumer reporting agency to disclose personal identifying information to a government agency.

How to Prepare 

  1. Do your own background check
  2. Check court records
  3. Check DMV records
  4. Order a copy of your credit report
  5. Ask to see a copy of your personnel file from your previous job
  6. Tell neighbors and work colleagues, if you used them as references
  7. Check and review your "digital dirt" (search yourself to see what is out there about you)
  8. Request previous background check reports
  9. Read the fine print carefully

What Is The Fine Print? 

When you sign a job application, you will be asked to sign a consent form if a background check is going to be conducted. Read this statement carefully and ask questions if the authorization statement is not clear. Unfortunately, refusing to authorize a background check may jeopardize your chances of getting the job.
Notice of a background check has to be on a separate form. The only other information this form can include is your authorization and information that identifies you. Neither the notice of a background check nor any other form should ask questions like "race," "sex," "full date of birth," or "maiden name." Such questions violate the federal Equal Employment Opportunity laws. And, you should not be asked to sign any document that waives your right to sue a screening company or the employer for violations of the law.

Variations and Changes 

Although there are federal laws on background checks state and local governments have made their own variations and changes. HRSentry.com allows you to see both the federal and state laws on background checks to ensure you are following all regulations. Get up-to-date laws and learn how to ensure you or your company are doing all they can to follow the correct steps and gather all information needed.

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Lensmaster

mandyc008 wrote...

Very informative lens you got here. It is very important that people should ensure the credibility of not just the employee but also the employer as well. I have a related article discussing professional background check and the facts surrounding it.

ReplyPosted March 27, 2008

Lensmaster

Steve-Vee wrote...

My father always said I should check criminal background first, and if that was ok, to free background check a second time. Usually, a criminal background check would come up as clean as a regular, instant background check. Thanks for the information.

ReplyPosted March 03, 2008

Lensmaster

Dean wrote

Thanks HRtopher; this was very well done and equally useful.

Thanks

Reply Posted February 22, 2008

Lensmaster

Patrick wrote

Very good information. Background checks are essential these days and worth the cost and time needed to properly perform them. There are no sure bets these days but it is difficult to learn everything about a person in an interview. Thanks for the information.

Reply Posted November 14, 2007

Lensmaster

HRtopher wrote...

Although conducting background checks can be confusing, was this information helpful?

ReplyPosted November 07, 2007