Background Checks

Are we liable for negligent hiring if employee had criminal conviction?

04/13/2015

Q. Recently, one of my employees accidentally injured a client while operating a forklift during work hours. The client is now threatening to sue me for negligent hiring of this employee, because the employee has a prior—and unrelated—conviction. Does this accusation have legal grounds?

Internal thefts: OK to redo background checks?

04/13/2015

As this case shows, running new background checks on your current staff is not, by itself, a discriminatory act. Just make sure you set clear standards on how you will react to the results.

Worker’s immigration status won’t let employer off hook

03/30/2015

A California appeals court has ordered a new trial for a worker who may have lost a lawsuit because the jury learned that he was an illegal immigrant.

Cracking down on internal theft problem? Be sure to handle criminal checks properly

03/10/2015

Has your workplace experienced an increase in theft? If so, you’re probably exploring loss-prevention measures. While you assess your options, make sure you don’t crack down on employees in ways that will land you in court.

Court slams EEOC on background checks

03/10/2015

EEOC efforts to crack down on employers’ use of credit and criminal checks suffered a serious setback on Feb. 20 when the 4th Circuit Court of Appeals upheld a lower court ruling that exonerated an employer of illegally running discriminatory background checks on job applicants.

Prodigal employee? Ensure hiring managers don’t know details of prior complaints

03/03/2015

Even after an employee who has participated in employment lawsuits or complaints is discharged for entirely legitimate reasons, he may later sue if he isn’t rehired. Then he’ll try to argue that his prior protected activity was the reason he wasn’t rehired. To avoid such lawsuits, make sure the hiring manager knows little or nothing about those prior activities.

Tips to follow if you insist on Googling applicants

02/26/2015

40% of respondents admitted to an HR Specialist poll that they sometimes Google applicants. If that’s you, at least do it safely.

Know rules for running background checks

02/16/2015

Last year, three large employers learned that there are many wrong ways to perform employee background checks. Canon Solutions America, retailer Dollar General and the Publix supermarket chain all wrote big checks to former job applicants as a result of technical errors in their background investigation policies.

Where in Texas do ‘ban the box’ laws apply?

02/10/2015

Q. I have been hearing a lot about “ban the box” laws lately—measures that limit when inquiry or investigation may be made into the criminal history of a job applicant. I am worried about how these laws could affect my business. To what extent has Texas adopted such policies, and could they endanger my company?

‘Ban the Box’ still a struggle for some Minnesota employers

01/15/2015

Starting Jan. 1, Minnesota employers’ job applications could no longer ask candidates about past criminal convictions. But some employers, including some of the state’s largest, have not completely adapted to the new legal landscape.