Background checks are a common practice when an employer is looking to hire potential employees. Pre-employment background checks offer an insight to the employer about the potential employee and helps them learn about a potential employee’s former work ethics and performances. However, when an employee is not hired due to an unflattering background check for employment, it can lead to disgruntlement and raise questions about background check issues and background check laws. Below are five of the top questions about employment background checks answered by Experts.
Case Details: Employer hires employees through a temp service.
You are not required to report to the local authorities or the agency which hired the employee to work for you. However, if you were to report the person, you would have to terminate the employee and notify the agency. The temp agency has access to the same background records that you have, therefore you would not be liable for not telling the agency, unless you have a contract stating this type of information must be shared.
Usually, an employer will notify the employee that there may be a background check performed during the employment. Most employers will ask you for written consent to conduct a background check. Your employer should have told you that any negative feedback from the background check would mean that you would be terminated if you have already been hired. In the event that your employer didn’t ask you for written consent to a background check, or explain that negative feedback would result in termination, you should discuss these issues with your employer. There are certain regulations on how the information is to be utilized.
Generally, this choice will be made by the individual employer. Many employers, if they want to hire the applicant, will delay the employee’s start date in order to gather all of the information related to their degree. However, there is the chance that an employer will not hire an employee due to lack of proper information to verify educational degrees. In most cases, an employer can request the information from the schools registar, speeding up the process by having the school fax any information.
Usually, an employer will conduct a background check prior to hiring an employee. However, if the employer chooses to wait, that does not mean that the employer has waived his right to conduct the background check. Most employers will alert an employee that a background check will be performed, which can be done at any time during hiring or employment.
If the allegations were false, you can go to the police and ask for verification that there was never an investigation performed by the police department. You can also submit a statement or offer to take a lie detector test to prove your innocence. However, the choice is up to your current employer as to whether or not they want to go to such lengths to keep an employee. You have the option to sue the former employer for defamation of character. Your former employer made a false statement to a third party with the intent to harm your employment. If you are terminated because of the false statements, you would have further cause for a lawsuit. You should consider speaking with an attorney about your options.
Employment background checks offer an employer an n opportunity to view a potential employee’s past work relationships with employers and to get a better understanding of the employee’s work ethic. Usually a background check is nothing of major importance and won’t affect an employee’s standing with his future employer. However, not all background checks prove to be smooth sailing. Sometimes, a pre-employment background check may reveal obstacles or statements from previous employers that will hinder an employee from being hired. Being denied a job based on past employers remarks about your job performance can leave a person wondering about their rights and background check laws. In times like these, it is always best to ask an Expert and get informed about your legal rights.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.