Employment Background Checks
Posted in Employment Laws
It has been reported that employers are conducting more background checks more often today that before. This is mainly due to three things:
Electronic Data Privacy Requirements
There has been an increase in electronic data privacy requirements that employers have to be more diligent when hiring workers who have access to personal data.
Negligent Hiring Lawsuits
Another reason why employers have increased conducting background checks is because of negligent hiring lawsuits. When an employee is injured, he/she can sue his/her employer because they did not check the employee's suitability for the job.
Hiring Responsible Employees
Think credit history. It says a lot about you as a responsible employee. Poor credit history may scream 'irresponsible', but the decision to hire is not based only on your bad credit history.
What Employers Can Actually Check?
Think about application forms you've filled out before. The details you wrote in those application forms are pretty much what employers will be checking. That includes criminal record, work history, driving record, your credit.
With regards to your work history, should know that when you gave those details, you ae giving you previous or present employer consent to disclose information. Employers usually ask for references, so it's a given that they will be contacted.
At the end part of all application forms is that part where it says:
I certify that information contained in this application is true and complete. I understand that false information may be grounds for not hiring me or for immediate termination of employment at any point in the future if I am hired. I authorize the verification of any or all information listed above.
And then you affix your signature along with the date. The reason why you will be disqualified (or eliminated) has actually (almost) nothing to do with what you lied about, but because you lied.
Employment Background Check Law
As an applicant/employee there is a law which protects you from improper background checks. If you employers uses a third party to conduct a background check on you, the background check is covered by The Fair Credit Reporting Act (FCRA). The FCRA defines a background check as a consumer report. Before your employer can get a report for employment purposes, they must notify you in writing and get a written consent from you. Even if your employer is only conducting inquiries, they should still ask for your consent.
What You Can Do?
Know your rights. Check your state department of Labor and review what employers can check.
Get your credit report. If you do not know yet current credit situation, then best get a copy of your credit report now. Resolve issues, if there are any. Dispute any errors.
Read the application form. The application basically tells you what employers will be checking so read carefully.
Give only what's being asked. Do not give any more information than is being requested.
Be honest. Let's face it, employers will find out anyway. Lying will only get you disqualified (or fired). Employers will appreciate a direct explanation rather than finding out about it later on.
