Background Checks

What questions are off limits when talking to references and past employers?

03/01/2008

Q. I understand that it’s illegal to ask applicants certain personal questions. But are there any questions I can’t ask a reference or previous employer? …

Former employees can sue for retaliation, too

03/01/2008

Until recently, courts generally have ruled that retaliation applies only to current employees. But thanks to a recent 4th Circuit Court of Appeals decision, which covers North Carolina employers, it’s now clear that former employees can sue for post-discharge actions when their claims involve the Fair Labor Standards Act …

Don’t reject convicted felons unless you have legitimate business reason

02/01/2008

Q. Our hiring process involves conducting background and reference checks. If an employee has a felony conviction within the past seven years, we automatically refuse employment. Any reason we should change our policy? …

Protecting against negligent hiring

02/01/2008

Q. I recently read an article about employees who were attacked at work by other employees who never should have been hired in the first place. How can an employer reduce its risk of liability for negligent hiring? …

More woes for Marion VAMC

01/01/2008

The Marion Veterans Affairs Medical Center (VAMC) is defending the credentialing process it used to hire Dr. Jose Veizaga-Mendez, who resigned after allegedly being implicated in 10 patient deaths …

FBI, CIA hired illegal immigrant with ties to Hezbollah

01/01/2008

The FBI and the CIA scrambled to defend their screening practices after discovering that one of their agents was an illegal immigrant with ties to Hezbollah. Officials at the FBI and the CIA insisted the agencies conducted thorough background checks …

To google or not: Legitimate screening method or privacy breach?

01/01/2008

The popularity of Internet blogs and social networking sites such as MySpace, LinkedIn, Facebook and Friendster is causing confusion and concern for some employers. At a time when it’s easy to search the web for information on just about anyone, what steps should a reasonable employer take to investigate the background of an employee? …

Consent required to run background checks on internal applicants?

01/01/2008

Q. We are considering applicants for a management position, including several internal applicants. Our policy is to obtain background checks on all candidates from a consumer reporting agency. If the internal applicants signed consent forms when we originally hired them, do we need to get new consent forms from them? — J.P. …

Internal thefts and background checks: What if employees withhold consent?

01/01/2008

Q. We are getting ready to conduct an internal investigation into a series of thefts that have occurred within one of our offices. We would like to obtain background checks from some of the suspected employees, but are concerned that they may refuse to execute the necessary consent forms. Can we require them to do so? — A.K. …