Employment Law Questions? Ask an Employment Lawyer.
The employment background check is a process of looking up criminal records, commercial records, and financial records of an individual. Often, background checks are requested by employers for job applicants, especially those wanting jobs in high security or a position of trust such as a school, hospital, financial institution, airport, and government.
Read below where the Experts give answers regarding background check questions.
There is no particular database that employers including hospitals must use. Normally hospitals will do a full background check which includes National Crime Information Center (NCIC) criminal background check. NCIC is the industry standard, this data base is the same as what a police officer would use, if someone has a charge of some sort, it will appear on an NCIC check.
Case Details: Location - State of Florida
If the employer decided not to do a background check before hiring the person, that does not mean that they have given up the right to do a background check. Normally, if an employer tells employees or potential employees that that may do a background check, then this can be done at any time during hiring or employment. A background check can be done without the consent of the employee.
Case Details: The background check company states that they will not remove the charge from their record until their contact sends them a revision of the record?
The person that has the blemish on their criminal record can file a complaint with the FTC or the production agency in their state. Also, they may have a libel defamation case since they are passing on false information to other parties who believe this information and is causing them to lose in reputation. Sometimes background checks can get confusing, and many times people don’t understand why something is showing up on their background check.
They best way to handle this would be to contact the company that performed the test and request a print out of the background check. If the employer is not the one who did the test, they would need to talk to the party who did and see if they are able to release these types of records. Normally the person who the background check consist of can request this information since it is based on their life and personal data.
It will all depend on how complete the background check is, most will include the applicants previous job titles, previous companies they worked with, and the amount they worked with each company, salaries from each job position, contact details of past employers, their reason for leaving, and if they are able for re-hire.
Background checks are normally done by a government agency for a fee, but can also be done by private companies. The results of a background check normally includes past employment verification, credit score, and criminal history. Many questions come up about employee rights to a background check being performed; ask an Expert today in order to learn your rights, and laws in your state.
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