Background Checks

Is a policy still a policy if it’s not in writing?

12/15/2010

Will a court acknowledge a company “policy” that doesn’t exist on paper? One court recently did—even though the policy wasn’t written anywhere—because the policy was being followed by all managers. Still, when in doubt, it’s best to write it out.

What should we know about running credit checks on job applicants?

12/09/2010

Q. Our company is hiring a new finance director and we’re planning to do credit checks on serious job candidates. Are there any legal issues that we should be aware of?

When employer calls for a recommendation, keep it basic

12/02/2010

When it comes to recommending former employees, the simpler the better. Stick with the basics like dates of employment and job titles and you’ll rarely have trouble in court.

Bill would bar credit checks for most jobs in New Jersey

11/24/2010

State Sen. Shirley Turner has proposed a bill that would prevent employers from using credit checks during the hiring process in many cases. Citing the downturn in the economy, Turner and other bill supporters note that many people have less than perfect credit, and that shouldn’t keep them from getting jobs.

Conducting online background checks? Beware the pitfalls

11/16/2010

Online tools can be highly valuable in recruiting and selecting the best candidates and screening out bad hires. Despite the potential advantages, those activities come with potential employment law risks that are still evolving due to the relatively recent emergence and growth of social media. Some of the obvious and not-so-obvious legal risks:

It’s sometimes OK to ask about expunged records

11/08/2010

Florida’s criminal court dockets are so overloaded that some relatively minor offenses are never tried. And courts often expunge arrest records so people who were charged but never convicted can move on without the shadow of a criminal record hanging over them, affecting their ability to work. However, in Florida, some employers can still ask about expunged criminal records.

Schwarzenegger vetoes applicant credit report ban

10/15/2010

Gov. Arnold Schwarzenegger has vetoed A.B. 482, a bill that would have prevented employers from using consumer credit reports when performing background checks on employees and applicants.

Make sure you retain all applicant information

10/15/2010

You may never see it coming: A disappointed applicant sues you after you give the job to someone else. However, you can be prepared—if you have held onto all documents and materials related to the hiring process. If you wind up in court and need to show why you didn’t select an applicant, those records may provide the rationale.

May we ask applicants about criminal records?

09/24/2010

Q. We’re going back and forth on this question: On an employment application, can we legally ask about an applicant’s prior conviction record or arrest record?

Strike 3 for bill banning applicant credit checks?

09/23/2010

The California State Senate and State Assembly have approved a bill that would restrict the use of credit reports by employers that conduct background checks on job applicants and employees. But enactment isn’t a sure thing, based on the recent history of similar legislation.