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Background Checks

Would an employee’s signed release protect us against reference liability?

07/21/2008

Q. What can we do to protect our company from being sued by former employees when we give references? Should we require that the prospective employer provide us with a release or consent from the former employee? …

Isn’t there some way we can provide honest references?

07/07/2008
Q. We work in a very small industry, and employees tend to circulate among various employers in our greater metropolitan area. Many of us belong to the same trade and professional organizations and know each other. We would like to be able to provide each other with honest information in response to reference checks about an employee’s work history, but everyone is reluctant to do so because the general opinion seems to be that the safer course of action is to give only names and dates of employment. Can employers provide honest information about the reasons for employment terminations in response to reference requests? …

Doh!

07/01/2008
A woman wanted for stealing money from her employer in North Dakota gave authorities a helping hand when she used her former boss as a reference for a job in Pennsylvania …

How to protect yourself from Internet-Related liability

07/01/2008
The Internet is an invaluable tool in many workplaces, but lately it’s become a somewhat unexpected cause of employment law litigation. Two issues lead the wired way to the courthouse for employers: gathering information about job candidates through web sites and potential liability for what their employees do while using the Internet …

Employer didn’t check records before letting him check a pulse

07/01/2008
A man worked as a paramedic on the Front Range for 17 months before American Medical Response (AMR) discovered he was not a certified paramedic. AMR discovered the forgery when Teel requested a transfer from the Denver area to the Longmont Fire Department …

Negligent hiring: Take proper steps to avoid the costly pitfall

06/17/2008
In recent years, the Georgia courts have significantly expanded employers’ obligations—and therefore potential liability—in the area of negligent hiring and supervision. At the same time, employees and applicants now enjoy significantly expanded privacy rights. So it’s more important than ever for employers to pay close attention to their application, hiring and background-check policies and practices …

Expunged convictions set hidden trap for Illinois employers

06/11/2008

If you are an Illinois employer with 15 or more employees and your application asks job-seekers to detail their criminal histories, expunged criminal records pose a hidden trap for you …

Job background check must comply with Fair Credit Reporting Act

06/04/2008

The Fair Credit Reporting Act regulates how your company performs a job background check on applicants. Contrary to popular belief, this federal law doesn’t just cover credit checks. It covers any background report, such as driving records and criminal histories obtained from a “consumer reporting agency.”

‘Just the facts’ answer is key to avoiding reference trouble

05/30/2008
One of the quickest ways to get into reference trouble is to agree to provide information on a former employee and then offer up incorrect or misleading statements. Giving a favorable reference on a former employee who performed (or behaved) poorly can be extremely risky …

May we ask about criminal convictions?

05/23/2008
Q. Our employment application asks whether the candidate has been convicted of a felony. Is it legal for us to ask this? If so, can we ask what the applicant has been convicted of? Can that information be used as a basis for not hiring an individual?