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General Tips When Conducting Employee Backgrounds

Wade Investigations specializes in providing in-depth and comprehensive pre-employment investigations for companies seeking a higher caliber of background needed for the hiring of executives, mid managers and positions requiring greater scrutiny due to access to sensitive materials & accounts payable.

 

If you or your company is seeking general screening for employees please contact us for a referral and as a courtesy the below screening tips are presented for you.

 

Make sure your inquiries are related to the job. If you decide to do a background check, stick to information that is relevant to the job for which you are considering the worker. For example, if you are hiring a security guard who will carry a weapon and be responsible for large amounts of cash, you might reasonably check for past criminal convictions. If you are hiring a seasonal farm worker, however, a criminal background check is probably unnecessary.

 

Ask for consent. You are on safest legal ground if you ask the applicant or worker, in writing, to consent to your background check. Explain clearly what you plan to check on and how you will gather information. This gives the worker the opportunity to take herself out of the running if there is something in her past she wants to keep private. It also prevents the worker from later claiming that her privacy was unfairly invaded. If a worker refuses to consent to a reasonable request for information, you may legally decide not to hire the worker on that basis.

 

Be reasonable. Employers can get in legal trouble if they engage in overkill. You will not need to perform an extensive background check on every applicant. Even if you decide to check, you probably won't need to get into excessive detail for every position. If you find yourself questioning neighbors, ordering credit checks and performing exhaustive searches of public records every time you hire a clerk or counterperson, you need to scale it back.

      In addition specific rules may apply like: 

School records. Under federal law and the law of some states, educational records -- including transcripts, recommendations and financial information -- are confidential. Because of these laws, most schools will not release records without the consent of the student. And some schools will only release records directly to the student.

 

Credit reports. Under the Fair Credit Reporting Act or FCRA (15 U.S.C. 681), employers must get an employee's written consent before seeking that employee's credit report. Many employers routinely include a request for such consent in their employment applications. If you decide not to hire or promote someone based on information in the credit report, you must give the person a copy of the report and tell them of their right to challenge the report under the FCRA. Some states have more stringent rules limiting the use of credit reports.

Bankruptcies. Federal law prohibits employers from discriminating against applicants because they have filed for bankruptcy. This means you cannot decide not to hire someone simply because they have declared bankruptcy in the past.

 

Criminal records. The law varies from state to state on whether, and to what extent, a private employer may consider an applicant's criminal history in making hiring decisions. In Oregon it is best to advise your employee or potential applicant you will be conducting a criminal background check. For those outside of Oregon you should consult with a lawyer or do further legal research on the law of your state before digging into an applicant's criminal past.

 

Workers' Compensation records. An employer may use the information contained in the public record from a Workers' Compensation Appeal only if the injury in question might interfere with the applicant's or worker's ability to perform required duties.

 

Other medical records. Under the Americans with Disabilities Act or ADA (42 U.S.C. 2101 and following), employers may inquire only about an applicant's ability to perform specific job duties -- they may not request an employee's medical records. An employer may not make a job decision (on hiring or promotion, for example) based on an employee's disability. Some states also have laws protecting the confidentiality of medical records.

 

Records of military service. Members and former members of the armed forces have a right to privacy in their service records. These records may be released only under limited circumstances, and consent is generally required. However, the military may disclose name, rank, salary, duty assignments, awards and duty status without the member's consent.

 

Driving records. An employer should check the driving record of any employee whose job will require large amounts of driving (delivery persons or bus drivers, for example). These records are limited in scope, but can be released without the driver's consent. In Oregon, Wade Investigations can obtain the needed DMV information you and your company need to make sound decisions.

 

Contact us confidentially to discuss your needs.

 

Phone 503-317-4974

 

Toll Free 866-317-4974

 

 

 

 

Material may describe portions of a legal process; however no part of this material should be regarded as legal advice. Special thanks to Find Law.Com for providing some of the above tips.  This information is compiled from individual sources and is not warranted by provider. Consult your attorney to ensure these tips are applicable to your needs. 

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