Exploring The Legal Process

Are you implementing a background check policy for your company? Perhaps your decision to start performing these checks is to protect the integrity of your company. The following are a few things to keep in mind as you start the process.

Guidelines

Some employers do not deny employment to job candidates simply because they have a criminal record. You need to determine which types of convictions you will consider as making individuals ineligible to work for your company. For example, you may decide to only retract employment offers from individuals who have felonies. Another option would be to consider the nature of the offenses. You may even want to consider the time that has passed since the convictions and whether there were repeat offenses. 

In-House our Outsourced Screening

There are ways that HR departments can perform their own in-house background checks. However, it is possible for something to get missed especially if they use outdated methods for collecting their information. Many companies see the benefit in outsourcing their background checks to third-party service providers who specialize in background screenings. These professionals have many tools at their disposal, which can reduce the chances of erroneous reports.

Current Employees

If your company has never had a background screening process in the past, chances are you have some current employees who may also have criminal records. You will need to decide whether or not these employees will have to undergo screening in order to stay employed at your organization. It is a good idea to check state laws in your area to ensure that you can legally fire an employee if they do not pass. Another option that you have is to "grandfather" in existing employees, which means that their hiring would fall under your old business structure, which means that they would not be subjected to the new screening policy. 

Procedure

You must ensure that you follow the legal process of screening. The most important thing you must do is get consent to perform the screening. It is best to get signed forms for consent. If a report comes back that results in a failed check, you must notify the individual. They must also be given a reasonable amount of time to explain or deny the details of the report and provide proof if the report contains errors. You cannot simply deny candidates employment based on the report you receive. It is possible for background checks to come back wrong. For example, an erroneous report could be generated if two individuals living in the same county had the same name. If the report is correct or the individual does not dispute its contents, you must retract your offer of employment in writing.