Employment Background Checks
Employment Background Checks Definition
Employment background checks are also commonly called reference
checks. But reference checks are typically only one part of employment
background checks, the latter of which also include investigation into
one or more of the following.
Credit checks are among
the most common investigations during employment background checks, because
they reveal much personal information.
Employers conduct employment background checks to verify the integrity
of job applicants and employees for hiring,
promotion, reassignment and retention decisions. They also do so to avoid
negligent-hiring lawsuits. For example, if an employer doesn't conduct
employment background checks before hiring, then the employer might be liable if
a job applicant later harms other employees and has a history of doing
so.
Employers hire investigative (consumer-reporting, credit-reporting or
background-check) agencies to conduct employment background checks. Alternately
or additionally, employers rely on their human resources departments to
conduct them.
Some job seekers hire investigative agencies to conduct
background checks on themselves. If you're not landing jobs, you might
consider doing the same to see what negative or inaccurate information
is reported, so that you may attempt to change it.
Employment background checks are generally legal. (Much personal information
is a matter of public record these days. Anyone can legally access public
records.) In fact, the Federal government requires its agencies and private-sector contractors
to conduct background checks for certain jobs, often as part of security
clearance investigations.
Additionally, certain state and Federal laws require employers to conduct
background checks (such as for criminal records)
when jobs involve "vulnerable" individuals, such as children
and people who are sick, disabled or elderly.
However, state and Federal laws do regulate background checks to some
degree; for example, an investigative agency hired by an employer cannot
conduct a credit check without a job applicant's permission and must disclose
the applicant's rights.
Technically, job applicants may refuse to authorize
background checks; but, in reality, they typically must if they wish
to land new jobs.
It's a misconception that it's illegal for employers to disclose information
about former employees during employment background checks. Generally,
relevant state laws allow employers to disclose information about former
employees, as long as the information is truthful, factual and limited
to employment matters. Read the next page for more about this.
Next Page > Background Check
Laws
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