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
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