How is a background check conducted
You must carefully word requests to a consumer-reporting agency or credit bureau for information about an employee or candidate.
You may not investigate job applicants randomly or based solely on whether they "seem suspicious. The best policy is to consistently check all applicants for some positions - based on salary levels, job duties or other nonarbitrary criteria. Let's look at what the statutes say about rejecting a candidate based on background information you uncover. If you take "adverse employment action" - that is, reject a candidate or fire an employee - based on a credit report or background check by a consumer-reporting agency, you must:.
Screening and investigating new employees isn't as simple as it used to be. But learning and abiding by the rules will help protect your business from allegations of negligent hiring, as well as from unqualified and disruptive employees. We'll be glad to provide more guidance on complying with the law. Sometimes, and for some kinds of positions - such as those involving entering customers' homes, security work, childcare, or processing confidential information - you should go beyond basic screening steps and conduct deeper background checks even in the case of independent contractors.
In fact, sometimes you are legally bound to dig deeper into a new employee's background. If you don't, you could be held liable for negligence if your new hire commits a crime, causes damage or hurts somebody while on the job. The Kirby Company makes vacuum cleaners and markets them through independent distributors.
Kirby requires them to sell the product only door to door. The distributors in turn hire their own salespeople and call them " independent contractors. After trying to sell a Kirby vacuum cleaner to a housewife, a salesman raped her in her Texas home in If the distributor had conducted a background check on the salesman when it hired him, it probably would have learned that he had previously received "deferred adjudication" in court for sexual misconduct. The manufacturer didn't directly hire the salesman. But should it nevertheless be held responsible for his misconduct? The rape victim thought so, and filed civil charges against Kirby for its distributor's negligence.
The victim argued that Kirby should have required the distributor to conduct background checks before hiring salespeople, because Kirby required in-home demonstrations as its distribution method and that method created significant risks to potential customers. The Texas Supreme Court upheld the verdict and the damage award.
Conducting Criminal Record Checks on Prospective Hires
Founded in , Phoenix law firm Jaburg Wilk offers extensive experience, diversity in practice areas and the ability to think like a business owner. We are an Arizona mid-sized AV rated law firm, the highest rating that a law firm can receive. Search JDSupra. Liability for Negligent Hiring But before you begin a background check, best you study the rules and then proceed cautiously. Federal Statutes State statutes also may apply, but here are the three most important federal acts you must comply with when you conduct background checks: Fair Credit Reporting Act of , Privacy Act of , and Americans With Disabilities Act of But you should be familiar with these important provisions relating to employee background checks: Written authorization.
Other Requirements Print each authorization form on a sheet separate from the employment application, and ask us for correct wording. Rejections Let's look at what the statutes say about rejecting a candidate based on background information you uncover. If you take "adverse employment action" - that is, reject a candidate or fire an employee - based on a credit report or background check by a consumer-reporting agency, you must: Notify the subject in writing of the reasons for your action, Give the subject copies of the background information you obtained and the outside agency's name and address that conducted the background check, Inform the subject that the outside agency played no role in making the decision and can't provide specific reasons for the action, and Not base an adverse employment action solely on a candidate's criminal record, bankruptcy, disability or workers' compensation history unless it relates to the candidate's ability to adequately perform specific job duties.
We can advise you on these requirements. Protect Yourself Screening and investigating new employees isn't as simple as it used to be. HireRight HireRight is a great background check agency that offers services to a variety of industries. It provides employers and hiring managers with helpful background check information and online resources. Intelifi Intelifi offers background check services to employers looking to screen potential employees. In addition to standard background checks, this agency offers advanced screening services like drug testing.
How does the background check process work? – Checkr Help Center
Justifacts Justifacts Credential Verification Inc. OneSource OneSource offers a combination of standard and unique background check services, like pre-employment screening, tenant screening, certified contractor screening, volunteer screening and TotalCheck learning. Pre-employ Pre-employ has several years of experience offering a variety of background check services.
In addition to standard screening, it also provides drug screening, and volunteer and student checks.
What You Need To Know Before Potential Employers Investigate You
It also offers additional resources like drug screening and online training. Businesses can choose from multiple screening services or create their own customized search. Reliable Background Screening Reliable Background Screening provides its clients with a variety of background check services.
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These include employee and volunteer screening, as well as membership and potential tenant screening. Shield Screening Shield Screening not only has comprehensive background check services and features, it provides users with hands-on customer service. Its self-service division, SterlingNOW, is the agency we recommend for businesses wanting a DIY option for conducting background checks.
It offers quick, reliable pre-employment screening reports. The Koleman Group The Koleman Group offers pre-employment screening services for business owners to help them make the right hiring decisions. Its services have a variety of useful features. This agency prides itself in its accuracy and level of detail.
Basics of Background Checks
TruDiligence TruDiligence offers pre-employment screening, tenant screening and personal background checks. It also offers background checks based on industry type. After receiving a business communication degree from Arizona State University, she spent nearly three years living in four states and backpacking through 16 countries. During her travels, Skye began her blog, which you can find at www.
She finally settled down in the northeast, writing for Business. She primarily contributes articles about business technology and the workplace, and reviews remote PC access software and collection agencies. Read Review.
Everything you need to know about pre-employment background checks
Best for Very Small Businesses. Best for Household Employers. Best Technology. Summary GoodHire has everything a small business could need from a background check provider, offering comprehensive reports at affordable rates. Its online portal allows users to quickly and conveniently access their background check reports in one place.
GoodHire serves several industries, including construction, healthcare, nonprofits, retail, staffing and technology. This agency offers three preset search packages.
The searches performed in each plan are tiered, with the most advanced package including a Social Security number trace and associated counties, if applicable , national criminal databases search, sex offender list search, domestic watch list search, a county criminal court search which examines the past seven years , education verification and employer verification. Users can add on extra searches, such as professional license verification, employment credit report checks, drug screenings, healthcare sanctions checks and motor vehicle records checks.
GoodHire has a one-time setup fee; it does not hold you to a monthly minimum. Background checks take, on average, one to four days to complete, which is in keeping with industry standards. Registering your account with GoodHire is a simple process. After your business is verified, you can order as many or as few screenings as you need.
Reports can be viewed in GoodHire's online portal. Summary AccurateNow, a division of Accurate Background, offers affordable background check services and caters to small businesses. Its low rates, pay-as-you-go plans and no monthly minimums make it ideal for owners of very small business owners to use for pre-employment screenings. AccurateNow offers background checks for virtually any type of industry available.
It offers three tiered plans. The Premium plan includes a Social Security number trace and address history check, current county criminal search, national criminal check with county verification, national sex offender registry search, global watch search, one education verification and one employment verification. You can add supplementary searches for additional fees.
These searches include professional license verification, motor vehicle reports, education and employment verification, and federal criminal searches. These fees are standard with background check services and should be expected when you conduct certain types of checks and within certain states, counties, etc. After your account is approved by the agency, you can begin ordering screenings. AccurateNow has mobile-friendly candidate and recruiter portals, and the background check reports are easy to read and evaluate.
Summary eNannySource is an online platform for people to screen caregivers and nannies, as well as household employees. Although eNannySource is not a service one would use for pre-employment screening in the business sense, it is a great resource for people looking to hire workers in their homes. The searches performed for each plan vary, with the most comprehensive plan searching more than million national criminal records. In addition, it conducts a Social Security number trace, national sex offender registry search, county court records search for the most recent county the individual has lived in, additional county court records for prior counties where the employee has resided, a national alias search, and a driving record report.
These include county court record searches, reference checks, degree verification, driving record reports and personality assessments. Turnaround times are typically two to three days, and eNannySource simplifies the process by obtaining the candidate's consent and returning results via email.
We recommend this agency for businesses that require the most up-to-date technology used to conduct background checks. Instead, it offers multiple checks and screenings, which you then mix and match together for the background check you'd like conducted. The agency does not list its pricing on its website; instead, you must contact a representative for a price quote. Available screenings include multijurisdictional criminal searches, county criminal searches, statewide criminal searches and federal criminal searches.
Supplemental verifications include public records searches, professional reference checks, employment and education verification, motor vehicle records check, license and professional certification verification, and employment credit checks.
The software is easy to use and has more than 2, configuration options to support the needs of many types of businesses. The average turnaround time for a report is 48 hours or less. FAQs Q: What are employee background check services? Q: How quickly can you expect results from a great background check service? Can online background check services be used for pre-employment screening? Our Methodology To determine the best background check services in , we researched and analyzed several companies.
In addition to our recommendations this year, below are two companies we previously selected as best picks: Best for Medical Practices: HireRight. Full List of Background Check Services Here is a condensed list of the top background check providers we recommend. Full List. It gives consumers the option to order a full-service background check plan or a self-service option through SterlingNOW.