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Background Checks

Ask job applicants about felony convictions, but be careful

08/01/2007

Q. We are reviewing our employment application, which includes a question about felony convictions. We have been told that we should not ask about an applicant’s arrest record. Can you explain what we can ask and what we cannot ask? We are a relatively small company, with fewer than 100 employees. — C.T.

Can an arrest record factor into hiring?

08/01/2007

Q May a California employer consider a worker’s arrest record in making a hiring decision?

Handle employee background checks correctly to lessen liability

08/01/2007

More and more employers are conducting criminal background checks on prospective and current employees, and that means employers are asking tough questions about prior arrests and convictions in the application process. To avoid potential liability, your company needs to develop practices and procedures for managing the process. You need to understand applicable state and federal laws concerning background checks …

Fire them before you hire them

07/03/2007

Culling through stacks of resumes and conducting two or three rounds of interviews takes too long, is too subjective and too often results in bad hires. Employee selection expert Karl Alrichs proposes a four-step hiring process that saves managers time, reveals the best candidates, and highlights the intangibles that separate good employees from the bad ones.

Job applications: How to create a legally safe form

07/02/2007

No single federal law governs job applications. Your biggest risk is asking unnecessary questions that run afoul of federal or state laws banning job discrimination on the basis of sex, age, race, religion, national origin or disability. But, done right, your application can be a great tool to communicate important information …

Running background checks? Use conviction, not arrest, to exclude applicant

07/01/2007

The Illinois Human Rights Act makes it illegal to discriminate on the basis of a previous arrest record or criminal history that has been expunged, sealed or impounded. However …

Limited scope of Georgia’s ‘First offender’ law

07/01/2007

 Q. We recently rejected an applicant for employment after a background check revealed that he was fired from a previous job for stealing. He has since advised us that he received “first offender” treatment for the crime, and that the rejection therefore violates his rights. Is he correct?

Unsuccessful applicants have rights regarding criminal background checks

07/01/2007

Q. Our company uses the sheriff’s office to run criminal background checks on all finalists for employment. Our application form notifies the applicants that their criminal histories might be reviewed, but we do not provide any further notice to them. Our new personnel director is adamant that this practice is in violation of the federal Fair Credit Reporting Act (FCRA). Is she correct?

Good faith and bad references

07/01/2007

Q. How do I give a reference for a worker I had to fire?

‘One-Man death squad’ headed Palisades nuclear plant security

07/01/2007

Officials are investigating a possible security breach at the Palisades nuclear power plant after Esquire magazine ran a profile of the plant’s head of security. Turns out, William Clark bragged about being a hit man …