Background Checks

Hire education: Filling job positions without inviting lawsuits

01/14/2011

Employers operate in an increasingly complex legal environment, made all the more difficult by the tough economy. Hiring has emerged as a particular trouble spot. You need to hire and maintain a skilled and productive workforce, but you must watch out for legal liability that can surface in the process.

Kaplan colleges sued for screening with credit histories

01/11/2011

The EEOC has filed suit against Kaplan Higher Education Corp., alleging its use of credit histories to screen job applicants has a disparate impact on blacks. The credit histories aren’t necessary, the EEOC says, and don’t predict whether the applicant will perform the job well. Kaplan has defended the practice as a way to protect the company against potential fraud and theft.

Remind bosses: Reference check calls go to HR

12/22/2010

If your managers and supervisors respond to reference calls by offering negative information, a lawsuit is probably coming. That’s why the best practice is to refer all calls for reference checks to HR. Then, only provide the most basic information.

Is a policy still a policy if it’s not in writing?

12/15/2010

Will a court acknowledge a company “policy” that doesn’t exist on paper? One court recently did—even though the policy wasn’t written anywhere—because the policy was being followed by all managers. Still, when in doubt, it’s best to write it out.

What should we know about running credit checks on job applicants?

12/09/2010

Q. Our company is hiring a new finance director and we’re planning to do credit checks on serious job candidates. Are there any legal issues that we should be aware of?

When employer calls for a recommendation, keep it basic

12/02/2010

When it comes to recommending former employees, the simpler the better. Stick with the basics like dates of employment and job titles and you’ll rarely have trouble in court.

Bill would bar credit checks for most jobs in New Jersey

11/24/2010

State Sen. Shirley Turner has proposed a bill that would prevent employers from using credit checks during the hiring process in many cases. Citing the downturn in the economy, Turner and other bill supporters note that many people have less than perfect credit, and that shouldn’t keep them from getting jobs.

Conducting online background checks? Beware the pitfalls

11/16/2010

Online tools can be highly valuable in recruiting and selecting the best candidates and screening out bad hires. Despite the potential advantages, those activities come with potential employment law risks that are still evolving due to the relatively recent emergence and growth of social media. Some of the obvious and not-so-obvious legal risks:

It’s sometimes OK to ask about expunged records

11/08/2010

Florida’s criminal court dockets are so overloaded that some relatively minor offenses are never tried. And courts often expunge arrest records so people who were charged but never convicted can move on without the shadow of a criminal record hanging over them, affecting their ability to work. However, in Florida, some employers can still ask about expunged criminal records.

Schwarzenegger vetoes applicant credit report ban

10/15/2010

Gov. Arnold Schwarzenegger has vetoed A.B. 482, a bill that would have prevented employers from using consumer credit reports when performing background checks on employees and applicants.