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Background Checks

Should you copy and retain employees’ I-9 supporting documents?

06/24/2015

HR and hiring managers have so many decisions to make when it comes to I-9 and E-Verify compliance. One of the most frequently asked policy decisions is actually quite mundane on its surface, yet the answer can be tricky.

We found questionable I-9 documents: What now?

05/28/2015
Q: “While conducting an annual self-audit of employee files and I-9 compliance, I have encountered some questionable documents that I believe to be fraudulent. If I contact an ICE agent to verify these documents, will this then trigger a company wide ICE audit?” – Santana, Texas

Is it OK to simply refuse to hire sex offenders?

05/20/2015
Q. After narrowing our search to one candidate, we learned that the applicant may be listed as a registered sex offender. We would just rather not hire this applicant. Can we legally do that?

Before you check Facebook, ask 3 questions

05/12/2015

The practice of searching applicants’ social media accounts for background information is drawing increasing scrutiny. It’s legally risky. When deciding whether to check applicants’ social media content for background-check purposes, consider these questions.

No more credit checks for many New York City job applicants

05/06/2015
Do you routinely conduct credit checks on job applicants? Are you located in New York City? Then here’s a heads-up: The New York City Council has overwhelmingly passed an amendment to the New York City Human Rights Law that would bar most city employers from using credit checks as part of their hiring process.

EEOC urges caution on criminal background checks

05/01/2015
New EEOC guidance makes it clear: Employers better be able to prove they have a good business reason for running criminal background checks on job applicants. That means it’s time for you to review your job applications and hiring policies—and start training hiring managers on what’s certain to be a major EEOC enforcement effort.

Are we liable for negligent hiring if employee had criminal conviction?

04/13/2015
Q. Recently, one of my employees accidentally injured a client while operating a forklift during work hours. The client is now threatening to sue me for negligent hiring of this employee, because the employee has a prior—and unrelated—conviction. Does this accusation have legal grounds?

Internal thefts: OK to redo background checks?

04/13/2015

As this case shows, running new background checks on your current staff is not, by itself, a discriminatory act. Just make sure you set clear standards on how you will react to the results.

Worker’s immigration status won’t let employer off hook

03/30/2015
A California appeals court has ordered a new trial for a worker who may have lost a lawsuit because the jury learned that he was an illegal immigrant.

Cracking down on internal theft problem? Be sure to handle criminal checks properly

03/10/2015
Has your workplace experienced an increase in theft? If so, you’re probably exploring loss-prevention measures. While you assess your options, make sure you don’t crack down on employees in ways that will land you in court.