Background Checks

How frank can we be with references?

09/17/2014

Q. We recently received a reference request from another company. We would like to be honest with the potential employer about the former employee’s performance issues. The employee was unreliable, did not get along with co-workers, and was always complaining to his supervisor about our business practices without any basis. Are there risks to being honest and giving the employee a bad reference?

Know the legal risks of social media background checks

09/02/2014

What are the dangers when verifying applicants’ credentials, checking out their professional networks or just feeling out their personalities?

Minnesota DHS modernizes its background-check procedures

08/18/2014

Using a $3 million federal grant, the Minnesota Department of Human Services will implement new practices for running background checks on employees who work with children and vulnerable adults. The new procedures will begin in January, implementing new fingerprinting and photographing legislation Gov. Mark Dayton signed in May.

Justice Department: Don’t share I-9 forms with outside vendors

06/17/2014

Can a paycard vendor request access to an employer’s I-9 data so it can verify the identity of the employees to whom it will be issuing paycards? The DOL has weighed in on the question.

Lying about criminal record? That’s grounds for firing–with no unemployment!

05/22/2014

While most Minnesota employers can no longer ask about an applicant’s criminal record until after the grant of a job interview offer (or, if there is no interview, a conditional employment offer), that doesn’t mean the applicant or new employee can lie about his criminal record later.

Employers pay big for making up own I-9 document requirements

05/16/2014

Take too lax an approach to reviewing identity documents for the purpose of completing I-9 forms and you could run afoul of the Immigration Reform and Control Act. But as two employers learned in April, imposing overly rigorous document requirements on workers can violate the Immigration and Nationality Act.

Know the law: Background checks continue to trip up employers

04/14/2014

If you don’t follow the rules, background checks can cause more trouble than they prevent. Your background process can also become the basis for a class-action lawsuit.

What are the basic rules for conducting background checks that pass legal muster?

04/07/2014

Q. We have several positions in our company that require financial discretion. May we perform background checks on applicants for these jobs?

San Francisco’s Fair Chance law limits criminal background checks

03/27/2014

San Francisco has “banned-the-box” on employment applications and has added other restrictions on private employers’ ability to obtain and use criminal history information. The City and County of San Francisco Board of Supervisors passed the Fair Chance Ordinance in February, and the new law goes into effect Aug. 13.

New from the EEOC: Tips on background checks

03/25/2014

The EEOC has released a technical assistance document explaining how employers can legally conduct background checks for employment purposes. The Web-based “Background Checks: What Employers Need to Know” doesn’t introduce any new requirements, but does offer tips on complying with the law, as well as best practices employers should follow.