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Background Checks

Consent required to run background checks on internal applicants?

01/01/2008

Q. We are considering applicants for a management position, including several internal applicants. Our policy is to obtain background checks on all candidates from a consumer reporting agency. If the internal applicants signed consent forms when we originally hired them, do we need to get new consent forms from them? — J.P. …

Internal thefts and background checks: What if employees withhold consent?

01/01/2008

Q. We are getting ready to conduct an internal investigation into a series of thefts that have occurred within one of our offices. We would like to obtain background checks from some of the suspected employees, but are concerned that they may refuse to execute the necessary consent forms. Can we require them to do so? — A.K. …

Background checks for everyone?

01/01/2008

Q. I’ve always heard that Georgia does not require that background checks be conducted on employees, except for certain types of employees who work with children or the elderly. Our new HR director believes that background checks are required for other employees as well. Who’s right? — W.P. …

Do your pre-Hire tests carry lawsuit risks? New EEOC guidance helps make the call

01/01/2008

The EEOC last month issued an extensive fact sheet that explains how federal anti-discrimination laws apply to pre-hire tests. The nonbinding guidance focuses on the best—and legal—practices for cognitive tests, personality tests, medical exams, credit checks and criminal background tests …

Worker’s criminal past won’t immediately get discrimination case tossed

01/01/2008

When an employee sues you for employment discrimination, it’s natural to want to learn more about the person suing you and whether he may have sued others. That information is readily available. But don’t expect that even a fraud conviction related to false employment claims will get the case tossed out …

Negligent hiring in case of Marion VAMC surgeon?

12/01/2007

The panel that hired Dr. Jose Veizaga-Mendez as a surgeon for the Marion Veterans Affairs Medical Center (VAMC) is under scrutiny after he was implicated in nine suspicious deaths. A check into Veizaga-Mendez’s records revealed that he lost his license in Massachusetts in 2006 over accusations of “grossly” substandard care …

Employers not liable for employee crime outside work

12/01/2007

California employers can rest easy—they aren’t liable for criminal acts their employees may undertake outside the workplace or their job responsibilities. That’s true even if the employee uses work-related materials to commit the crime, and the employer missed important clues in a background check …

Should your background checks include sex offender registries?

11/13/2007

The Internet lets employers can find out much more about prospective employees than they could just a few years ago. One sort of web site of interest to employers doing background checks: the government’s sex offender registries. Follow these guidelines to use that information responsibly—and legally.

Checklist: Top 9 Reference-Checking Questions

11/07/2007
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On applications, arrests off limits; convictions fair game—With limits

11/01/2007

Q. Our employment application asks, “Have you ever been arrested? If so, list the nature of the arrest.” Is this legal? …