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From a
simple employee background check to a full blown due diligence
investigation the contents and type of check can vary widely.
Most checks consist of at least the following elements:
-
Criminal records search
-
Employment verification
-
Education verification
-
Driving record
- Credit
check
The above
elements will most likely be seen in your typical employee
background check process. In a due diligence investigation many elements could be added from multi-jurisdictional civil searches
to interviews with friends, family and neighbors, whereas the
average consumer may just be interested in one or two of these
elements. Later we will discuss certain types of employee
background check such as
pre-employment screening or hiring a nanny for your children.
There are as
many reasons to conduct employee background check. Some companies conduct
background checks on potential employees to
determine whether or not the employee has a criminal record.
This is especially important if the employee is going to be
handling money or working closely with customers. Imagine hiring
a person who has a history of violence and then putting them in
a customer service position. You could be looking at a negligent
hiring suit and subjecting your company to a great deal of
liability.
What about other types of employee background check
reports? Many companies run a
credit check on potential employees. How does this relate to a
persons ability to work? In some instances it does not relate
but may give a good indication if the person is reliable and can
be counted on. In other cases it directly relates to the
position the person applied for. For instance you may not want
to hire a tax consultant who is in debt and on the verge of
bankruptcy. It is just common sense. Most companies take
something as subjective as a credit report on a case by case
basis.
There are a plethora of other reasons to conduct a
employee background check on someone. Your creepy neighbor, a new nanny
for the kids, your kids little league coach. You may be going
into business with someone and want to know what type of
dealings they have had in the past. These are all very
compelling reasons.
When
conducting employee background check for employment purposes there are a
great many laws and guidelines that must be followed. After all
when you are dealing with someone's livelihood you want to make
sure you have all the facts correct before you deny them
employment. One of the most important set of laws deals with the FCRA or The Fair Credit Reporting Act. The FCRA is a set of
standards that was developed by the federal government to ensure
that accurate and updated information is used when credit
reporting decisions are made. This includes using background
checks for employment purposes. The specifics of the FCRA that
deal with
employment screening can be found
here.
Another important set of federal laws that was recently
enacted is the DPPA or the Drivers Privacy Protection Act. The
Driver's Privacy Protection Act (DPPA) is a federal law that
regulates how information from DMV records can be released and
shared. The DPPA regulates how motor vehicle departments release
driver records and vehicle records. The DPPA also regulates how
a recipient of DMV records can share information with another
person.
You can find out more on the DPPA by
going here.
The Gramm-Leach-Bliley Act is yet another set of federal
regulations that apply to employment screening. The GLBA was
developed to keep information private that is maintained by
financial institutions. The information a potential employer may
gather and use is also regulated by the GLBA.
To learn more on the GLBA go here.
State laws and guidelines are another thing to consider
when conducting employee background check reports. We are going to provide a
list of links to states that have specific laws in place with
concern to employment screening and background investigations.
Instant,
online
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