Are Background Checks Something I Need to Consider?
Why do a background check on my employee?
According to federal
statistics, employers who conduct effective background checks can often improve
productivity and reduce the number of personnel prone to exhibiting violent
behaviors. Add to that the use of drug/alcohol policies and collections as a
component of the hiring process, and the company also lessens their chances of
liability for negligent hiring for drug related issues. Federal guidelines
recommend the use of a job application form that includes an appropriate waiver
and release (permitting the employer to verify the information reported on the
application). Recommendations also suggest that, prior to hiring any applicant,
checking those references and inquiring about any prior incidents of violence
or drug abuse is prudent. Another recommendation is to evaluate the need for
screening contract personnel who work at your facility as well. Vendors and
service organizations whose personnel make frequent visits or spend long
periods of time working at your facility should certify that those individuals
meet or exceed your firm’s safety and security requirements, which could
include your requirement for them to make background checks and drug/alcohol
testing a part of their hiring practices in order to work at your facility.
I understand there are companies that do background checks for all of
their employees. It sounds like that could be a lot of hassle for me, and quite
expensive. What would cause me to consider doing that for my employees?
Let’s start with the first issue - cost: Let’s consider the cost of doing a full Federal and State background check with Social Security Number verification, Sexual Offender Search, Wants and Warrants Search, and a State driving record search; around $60.00 per person. $85.00, if you include a two year employment and drug test history verification. Fingerprints are an additional $5.00, which is a cost mandated by the state of Wyoming.
Now consider the cost of legal services, bad customer
relations, and negative media coverage when your company is charged with
negligence should, heaven forbid, you hire someone without any of those
verifications, and they were involved in an accident on the job that cost the
life of another employee after having a similar accident months ago when
working for another employer. That sounds like an extreme example, but it is
very possible. The background search can help identify those people trying to
hide past misbehavior, and every time someone hires them without checking their
information it allows them to continue with the bad behavior. It is your
company that pays for it.
Then we look at legal requirements for certain industries: If
you are an employer who deals with at risk individuals, such as children, and
vulnerable adults in the State of Wyoming, a criminal background check are
required by the state, and this is to include State and Federal fingerprint search,
criminal history, child abuse and neglect search, and sexual offender registry.
Another industry with mandated requirements would be the transportation
industry, which mandates federal and state background checks, a two year
employment and drug testing history search, and law enforcement recommends a
sexual offender search as well.
And I’m not sure if I can afford to have a background check
done on a new hire. Are background checks really necessary?
Yes, it’s the law. As stated above, if your company has DOT drivers,
the Federal Department of Transportation mandates the requirements. You do not
have a choice, with the exception that you can hire a third party service to do
that for you. Taking these steps in making your work site, and the work site of
your customer as safe an environment as possible also makes good business sense.
Not conducting a background check could potentially leave your company
devastated in a Negligent Hiring suit.
One example: An
employer hiring someone unfit without background information, and by the actions
or omissions of that employee, a third party was injured; the employer would be
held liable due to the failure to investigate, leading to a finding of
constructive knowledge.
As the employer, you have a duty to make a reasonable
investigation of an applicant’s fitness before hiring. Failure to do so does
not allow you to claim ignorance of the employee’s history.
What do I have to do to perform background checks?
There are procedures that must take place for a background
check to be conducted. A consent form must be signed by the individual that
meets the requirements of the Fair Credit Reporting Act. And if you choose not to hire that
individual you must notify the candidate the source of the background check,
and give them the chance to refute the information acquired before taking
action, as they have the right to dispute the information in accordance to the
Fair Credit Reporting Act.
As the employer, you will need to decide what type of
background check best fits your needs. There are Criminal backgrounds checks,
Driving history records, Credit reports, Education verification reports, etc. There
are verifications of employment, and drug/alcohol testing history, and these
are usually done by calling on the previous employer to supply that
information. If you out-source your background checks, use a reputable firm. If,
however, you decide to do those yourself, double check the information, and then
cross reference that with any other information to ensure you have the as
accurate information as possible. And good luck with your new hires.
Background
checks will not guarantee you will never have a problem with an employee, but
it does reduce your risk should anything happen. It shows due diligence on the
company’s part.
References:
Combating
Workplace Violence: Guidelines for Employers and Law Enforcement
Conducting
Employee Background Checks: Why Do It and What the Law Allows
Fair Credit
Reporting Act
No comments:
Post a Comment