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Background Checks

Protecting against negligent hiring

02/01/2008

Q. I recently read an article about employees who were attacked at work by other employees who never should have been hired in the first place. How can an employer reduce its risk of liability for negligent hiring? …

More woes for Marion VAMC

01/01/2008

The Marion Veterans Affairs Medical Center (VAMC) is defending the credentialing process it used to hire Dr. Jose Veizaga-Mendez, who resigned after allegedly being implicated in 10 patient deaths …

FBI, CIA hired illegal immigrant with ties to Hezbollah

01/01/2008

The FBI and the CIA scrambled to defend their screening practices after discovering that one of their agents was an illegal immigrant with ties to Hezbollah. Officials at the FBI and the CIA insisted the agencies conducted thorough background checks …

To google or not: Legitimate screening method or privacy breach?

01/01/2008

The popularity of Internet blogs and social networking sites such as MySpace, LinkedIn, Facebook and Friendster is causing confusion and concern for some employers. At a time when it’s easy to search the web for information on just about anyone, what steps should a reasonable employer take to investigate the background of an employee? …

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 …