Background check employee find potential
Different states have different laws about employee background checks. It's recommended to speak with an attorney to make sure your background check doesn't violate not only the FCRA, but any state laws as well. You must write this information down on its own page and give it to the candidate.
The page must be a page separate from any other application materials. It also needs to disclose to the candidate if the employer plans to continue to check up on the results throughout their employment with the company. Furthermore, the candidate must give you written permission to run a background check on them.
Our Employee Background Check Toolkit also includes a free background check authorization form , which can be used for this exact purpose - to obtain the candidate's consent to let you run a background check on them. A CRA is a company that pays for access to various databases in order to collect information for background reports. You can also browse the National Association of Professional Background Screener's membership directory for other providers.
This is a template for an offer of employment that's contingent upon the employer performing a background check.
Work with your accredited CRA to order the right background check package for the candidate but again, make sure it's consistent with the checks you run on all candidates either company-wide for for all candidates for that given position. A consumer report will contain information about criminal records, as well as employment and credit history.
You are also unlikely to learn about bankruptcies if they occurred more than 10 years ago. However, browse the previous section on what employee background checks should include to determine the components right for you. Sometimes the information employers obtain through a background check can be slightly misconstrued or even completely wrong. If something is revealed through the check that might dissuade you from extending an offer, it's recommended to contact the candidate to give them an opportunity to offer an explanation.
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Most employers wouldn't want to improperly exclude a candidate that could have been a great hire. If a background check comes back clean, congratulations! You've just found yoruself your newest employee. This is a document you'll want to share to a candidate you are no longer choosing to pursue as a result of their background check. According to the FCRA, employers using consumer reports employment background checks are seen as consumer reports in the eyes of the law to screen job must adhere to the following procedures:.
We have explained the potential or current employee's rights under the Fair Credit Reporting Act in more detail below. Anyone who uses a credit report or another type of consumer report to deny a candidate's application for credit, insurance, or employment — or to take another adverse action against them— must tell them, and must give them the name, address, and phone number of the agency that provided the information.
Candidates may request and obtain all the information about them in the files of a consumer reporting agency.
They will be required to provide proper identification, which may include their Social Security number. In many cases, the disclosure will be free. A candidate may be entitled to a free disclosure if:. Credit scores are numerical summaries of credit-worthiness based on information from credit bureaus. Candidates may request a credit score from consumer reporting agencies that create scores or distribute scores used in residential real property loans, but they will have to pay for it.
If a candidate identifies information in their file that they believe is incomplete or inaccurate, and report it to the consumer reporting agency, the agency must investigate unless their dispute is frivolous. Inaccurate, incomplete or unverifiable information must be removed or corrected, usually within 30 days. However, a consumer reporting agency may continue to report information it has verified as accurate. In most cases, a consumer reporting agency may not report negative information that is more than seven years old, or bankruptcies that are more than 10 years old.
A consumer reporting agency may provide information about the candidate only to people with a valid need -- usually to consider an application with a creditor, insurer, employer , landlord, or other business.
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The FCRA specifies those with a valid need for access. A consumer reporting agency may not give out information about a candidate to you the employer , or a potential employer, without their written consent given to the employer. Written consent generally is not required in the trucking industry. For example, asking only people of a certain race about their financial histories or criminal records is evidence of discrimination. If you get background information for example, a credit or criminal background report from a company in the business of compiling background information, there are additional procedures the FCRA requires beforehand:.
Employee Background Checks: A Complete Guide
Any background information you receive from any source must not be used to discriminate in violation of federal law. This means that you should:. When taking an adverse action for example, not hiring an applicant or firing an employee based on background information obtained through a company in the business of 5 compiling background information, the FCRA has additional requirements:.
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By giving the person the notice in advance, the person has an opportunity to review the report and explain any negative information. Any personnel or employment records you make or keep including all application forms, regardless of whether the applicant was hired, and other records related to hiring must be preserved for one year after the records were made, or after a personnel action was taken, whichever comes later. The EEOC extends this requirement to two years for educational institutions and for state and local governments.
If the applicant or employee files a charge of discrimination, you must maintain the records until the case is concluded.
However, the law requires that you dispose of the reports — and any information gathered from them — securely. Employers in New York may not obtain a credit or investigative report on an applicant or employee unless they inform them that they will request it for employment purposes and the employee agrees in writing.
Employers must also tell an applicant or employee before they take an adverse employment action even in part because of a credit or investigative report. All employers in the state of New York must post a copy of Article A of the New York Correction Law relating to the employment of people with prior criminal convictions. The ordinance also bans job ads that indicate that applicants will be eliminated from consideration or hiring if they have a criminal history. If a New York City employer chooses to run a background check following a conditional offer of employment, they must do the following:.
Understanding Employee Background Checks: What You Need to Know
Given the specific legal requirements of using criminal histories in hiring decisions, particularly in New York City, employers may want to consult with an attorney before instituting this practice. We recently made an offer of employment to an applicant.
After receiving the results of a background check, however, we would like to retract the offer. What steps do we need to take? If you are using a third party report or background check, you should have followed the procedures of the Fair Credit Reporting Act FCRA in obtaining the background check. Under FCRA you are required to give written notice and get authorization before you solicit the information from the third party vendor.
Most HR professionals also recommend having a job offer letter that includes language indicating that the job offer is a conditional offer and may be retracted based on the results of a background check. If you are not currently using such a letter, you may want to consider doing so in the future. Your background screening provider will likely have a notification form to send to applicants when an adverse decision is made.
This will allow the applicant to see the information being reported and give him or her a chance to correct inaccurate information with the reporting company. Before you make the final decision to rescind the candidate's offer, however, it is important to know your state's laws on the use of arrest and conviction records in making employment decisions. Many states, for example, have limitations on the use of those records, such as not allowing private employers to use arrest records that did not lead to a conviction as a factor in determining any condition of employment.
Even in states that allow the use of arrest or conviction records for employment purposes, private employers considering using arrest or conviction records should do so with caution. An arrest might never result in a criminal guilty plea or conviction, and it is always possible that a person has been arrested for something he or she did not do. Moreover, the federal Equal Employment Opportunity Commission EEOC has stated that use of conviction records might be discriminatory given that minorities are often more likely to have such a record.
The EEOC cautions that employers should 1 only inquire about felony convictions, 2 state that a criminal record does not automatically bar employment, and 3 ensure that there is a legitimate business reason for requesting such information. Employers who use background checks greatly reduce the risk of employee theft, fraud and embezzlement. Partner with Complete Payroll to run a variety of background check and employment history screenings on job candidates:.
Click here to learn more about our employee background check services and to set up your next employee background check.