When does an employer need to do a background check?

When does an employer need to do a background check?

If an employee is involved in a workplace accident or their job performance is faltering, an employer may choose to perform a drug test or criminal background check. Another reason could be job changes, such as job responsibilities that require more security or driving company vehicles.

What should I do if I see a mistake on my background check?

This is because background reports sometimes say things about people that aren’t accurate, and could even cost them jobs. If you see a mistake in your background report, ask the background reporting company to fix it, and to send a copy of the corrected report to the employer. You also should tell the employer about the mistake.

What to do if your background check is discriminatory?

If you think an employer discriminated against you based on background information, contact the EEOC for further information (see below). If you think that a background check was discriminatory, you may contact the EEOC by visiting its website at, or by calling 800-669-4000 (voice) or 800-669-6820 (TTY).

Can a background check lead to a termination?

The person being investigated must confirm that he understands that the background check can include a credit report and that it can lead to negative consequences such as the withdrawal of a job offer or termination.

When to run background checks on current employees?

Job performance – if the employee’s job performance is suffering, an employer may wish to gather more information about current personal activities. Damage to the business – if the business could suffer due to suspected ongoing criminal activity, an employer may wish to inquire about crimes committed by the employee.

Can a job offer be withdrawn because of a background check?

Many employers conduct background and reference checks during the hiring process, prior to offering a candidate the job. However, in some cases, a job offer may be contingent upon the results of the background check. That means the offer could be withdrawn if the organization finds negative information.

What is included in an employment background check?

Employment Verification When hired for a new job, employees are required to prove that they are legally entitled to work in the United States. Employers are required to verify the identity and eligibility to work for all new employees. An Employment Eligibility Verification form (I-9 Form) must be completed and kept on file by the employer.

What should I ask before doing a background check?

Employers Must Ask Before Doing a Background Check. Before doing a background or credit check, employers must request and receive written permission from you. If anything in the reports leads to the company deciding against hiring you, they are required to inform you and give you a copy of the report.

Some employers conduct checks after they have hired an employee. When employers use a third party to check someone’s background, the Fair Credit Reporting Act (FCRA) restricts what they are allowed to check, and how. The FCRA is a federal legislation that sets the standards for screening for employment.

When does an employer use a third party to check your background?

When employers use a third party to check someone’s background, the Fair Credit Reporting Act (FCRA) restricts what they are allowed to check, and how. The FCRA is a federal legislation that sets the standards for how consumer reporting is used in various capacities, including employment. 2 

What should be included in a post hire background check?

An important first step is to update your background check policy to include post-hire screening, and ensure it is accurate, up-to-date and compliant. Any new policy updates should be reviewed by your legal counsel. The policy should include:

Is the medical record included in a background check?

In many states, medical records are also confidential. However, employers may not make hiring decisions based on an applicant’s disability. They may only inquire about your ability to perform a certain job. The best way to prepare for a background check is to be aware of the information that an employer might find.

What is an example of a background check?

In the U.S., for example, a criminal record history background check may include a search of county, state and federal court records for felony and misdemeanor records. The background check ordered also may include a search of sex offender registries or a state’s Department of Motor Vehicles records.

What is the purpose of background check?

The primary purpose of an employee background check is to verify the job applicant’s identity. It is comparing the personal information the applicant provided—name, date of birth, addresses and Social Security number—with public and commercial records containing the same information.

How are background checks performed?

An employee background check reviews a candidate’s criminal records, driving records, and whether they are on a terror watch list or sex offender registry. It is usually done by a background check service, and may include a credit and credential check.

What is a professional background check?

A professional background check is conducted by a trained investigator, adept at navigating through the maze of open sources, public records and databases to provide a detailed background of the subject. An investigator trained in conducting a professional background check reviews…