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Criminal Background Check
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Is it legal to conduct a criminal background check on an employee that is hired by the temp agency or does the temp agency has to do the background check? My company does not have any paperwork
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Forums » Topic Forums » Legal Forum » Criminal Background Check
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Criminal Background Check
posted at 2/4/2012 12:42 AM EST
on Workforce Management
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Posts: 1
First: 2/4/2012 Last: 2/4/2012 |
Is it legal to conduct a criminal background check on an employee that is hired by the temp agency or does the temp agency has to do the background check? My company does not have any paperwork on the temporary employee. |
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Re: Criminal Background Check
posted at 2/4/2012 2:01 PM EST
on Workforce Management
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Posts: 173
First: 9/29/2011 Last: 2/11/2013 |
Since the temporary is not your employee, you should have the temp agency do the background check. I'm not entirely sure, but I'd bet you would have no legal right to do so. Make it a condition of your contract with the temp agency. You will probably have to pay a bit more for a temp, but it'll be only a nominal hourly increase.
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Re: Criminal Background Check
posted at 2/6/2012 10:27 AM EST
on Workforce Management
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Posts: 172
First: 9/20/2011 Last: 2/11/2013 |
In Response to Re: Criminal Background Check: Since the temporary is not your employee, you should have the temp agency do the background check. I'm not entirely sure, but I'd bet you would have no legal right to do so. Make it a condition of your contract with the temp agency. You will probably have to pay a bit more for a temp, but it'll be only a nominal hourly increase. Posted by nork4 I am going to have to disagree with Nork on this one. You have a legal right to protect your workforce and the company from anyone that steps into your organization. Employment potential is not a precondition to doing a check on someone. If you conduct a credit check you must have the person's signed authorization. The key decisions are: 1. Exactly what job related items will you veryify? 2. What will you do with the information after you have it? This applies to both where to house the data and what the decision process will be when confronted with "negative" information. |
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Re: Criminal Background Check
posted at 2/6/2012 10:33 AM EST
on Workforce Management
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Posts: 173
First: 9/29/2011 Last: 2/11/2013 |
I don't think we're disagreeing about having a check done - just who does it. Since the employee is from a temp agency, have the temp agency do it and specify what the criteria are for successfully completing the background check. No reason that the organization paying the temp agency for the employee should need to get involved other than to tell the temp agency what is required. |
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Re: Criminal Background Check
posted at 2/6/2012 10:51 AM EST
on Workforce Management
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Posts: 172
First: 9/20/2011 Last: 2/11/2013 |
In Response to Re: Criminal Background Check: I don't think we're disagreeing about having a check done - just who does it. Since the employee is from a temp agency, have the temp agency do it and specify what the criteria are for successfully completing the background check. No reason that the organization paying the temp agency for the employee should need to get involved other than to tell the temp agency what is required. Posted by nork4 It is my opinion that the company can do it even if the person is working for someone else. If they don't and something happens they could have legal liability even if the temp agency does one. |
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Re: Criminal Background Check
posted at 2/6/2012 12:09 PM EST
on Workforce Management
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Posts: 13
First: 2/6/2012 Last: 8/30/2012 |
Hi: Actually either party can conduct a criminal background check on the temp, but the party procuring the check must comply w/ the authorization and notice provisions of the FCRA. In light thereof, as well as certain collateral issues, I recommend that the employer have a contractual commitment from the temp agency requiring that the agency conduct such checks, reinforced with an indemnification provision covering claims arising from the agency's failure to exercise due care in screening its employees. I trust this is helpful. Dave Arnold, Ph.D., J.D. |
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Re: Criminal Background Check
posted at 2/6/2012 1:41 PM EST
on Workforce Management
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Posts: 29
First: 11/3/2011 Last: 2/11/2013 |
In Response to Re: Criminal Background Check: Hi: Actually either party can conduct a criminal background check on the temp, but the party procuring the check must comply w/ the authorization and notice provisions of the FCRA. In light thereof, as well as certain collateral issues, I recommend that the employer have a contractual commitment from the temp agency requiring that the agency conduct such checks, reinforced with an indemnification provision covering claims arising from the agency's failure to exercise due care in screening its employees. I trust this is helpful. Dave Arnold, Ph.D., J.D. Posted by darnold I would be reluctant to do business with an agency who didn't do BGCs on their staff. Some require that you request it , a few will pass on the costs, but most do it without the pass-on. |
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Re: Criminal Background Check
posted at 2/6/2012 3:03 PM EST
on Workforce Management
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Posts: 173
First: 9/29/2011 Last: 2/11/2013 |
In Response to Re: Criminal Background Check: Hi: Actually either party can conduct a criminal background check on the temp, but the party procuring the check must comply w/ the authorization and notice provisions of the FCRA. In light thereof, as well as certain collateral issues, I recommend that the employer have a contractual commitment from the temp agency requiring that the agency conduct such checks, reinforced with an indemnification provision covering claims arising from the agency's failure to exercise due care in screening its employees. I trust this is helpful. Dave Arnold, Ph.D., J.D. Posted by darnold Spot on! |
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CrossCheck™ - The leading International Criminality & Regulatory Database
posted at 9/13/2012 11:11 PM EDT
on Workforce Management
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Posts: 1
First: 9/13/2012 Last: 9/13/2012 |
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Regards, CrossCheck
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