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You are Here: Home > Articles > Employment Background Check - 2

Employment Background Check

What else should I consider about employment background checks?

One matter to consider, is that employers face yet another lawsuit dilemma that might make them more willing to risk spilling the beans about you during a background check.

Laws in some states permit employers to sue other employers if, during employment background checks, they omit or lie about serious employee acts, especially if the employees again commit the same or similar acts.

Another matter to consider, is that employers might get sued for "negligent hiring" if they don't first screen new-hires through background checks, and someone later suffers injury because of it. Two rather serious examples are convicted child molesters working with children and substance abusers working in the transportation industry.

So far, this article has focused on employment background checks only at the company HR level. Subsequently, yet another matter to consider is that painfully-honest or spiteful former coworkers, supervisors and managers might spill the beans about you.

However, some HR departments try to further limit their risk, by issuing guidelines that instruct employees in the "do's and don'ts" of former-employee background checks. The do's are typically along the lines of name, rank and serial number, as mentioned earlier. The don'ts might instruct employees to reveal nothing about former employees and instead, let the HR departments handle background checks.

But, not every company is diligent about limiting background checks at the employee level. Worse, not every employee reads, remembers or adheres to the guidelines anyway. Regardless, the HR department might allow employees to speak candidly about former employees with company-authorized employment agencies and background investigators.

A final matter to consider, is that professional investigators who conduct employment background checks know that employers might be fearful of lawsuits; so, they cleverly phrase questions to reveal volumes about former employees, while limiting employers' risk.

For example, instead of asking, "Why did this person leave your company?" a background investigator might ask, "Would you hire this person again?" A vague, evasive or simple "No" answer doesn't risk much, but investigative minds know how to read between the lines.

Employment Background Check
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"Employment Background Check" provides general information only and is not intended as legal advice nor as a substitute for legal advice. It is presented as is, with no warranty either expressed or implied. Neither the author nor publisher are engaged in rendering legal services. See an employment lawyer for legal advice. Should you act based on this information, you do so at your sole risk. Neither the author nor publisher shall have any liability arising from your decision to act on this information. Read our Disclaimer for more information.Employment Lawyer

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