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Background Checks on Interns?
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Background Checks on Interns?
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We are a company in CA and run background checks on all employees before they are hired. We are thinking of starting an intern program. Do we need to run background checks on interns as well to keep t
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Forums » Topic Forums » Legal Forum » Background Checks on Interns?
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Background Checks on Interns?
posted at 6/8/2011 1:57 PM EDT
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Posts: 12
First: 3/18/2011 Last: 8/17/2011 |
We are a company in CA and run background checks on all employees before they are hired. We are thinking of starting an intern program. Do we need to run background checks on interns as well to keep things consistent and avoid any discrimination allegations? Or can we opt to not run the background checks on interns? |
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Background Checks on Interns?
posted at 6/8/2011 4:17 PM EDT
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Posts: 1103
First: 3/16/2007 Last: 8/19/2011 |
If your only reason for running background investigations is to avoid a discrimination allegation then I wouldn't run them. If you have a business reason for running background investigations on employees why wouldn't you also run them on interns? |
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Background Checks on Interns?
posted at 6/9/2011 3:17 AM EDT
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Posts: 32
First: 1/31/2011 Last: 9/13/2011 |
Hi:
Assuming that these background checks are job-related, by not conducting them on individuals merely because they fall under the intern umbrella, could legitimately construed as negligence. Dave Arnold, Ph.D., J.D. |
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Background Checks on Interns?
posted at 6/13/2011 7:36 AM EDT
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Posts: 12
First: 3/18/2011 Last: 8/17/2011 |
The reasoning behind not running the background checks on interns has been that they are not privy to the type of information that regular employees are. Should we decide to hire an intern and their duties then change, we would then run the background check. |
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Background Checks on Interns?
posted at 6/13/2011 9:08 AM EDT
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Posts: 1103
First: 3/16/2007 Last: 8/19/2011 |
Let me try and expand upon my less than clear earlier post.
Let me start with your statement "Should we decide to hire an intern ..." That implies there will be an employer/employee relationship. So what you have is an employee classified as an Intern instead of a full-time or part-time regular employee, contract employee etc. Never the less they are an employee. You currently run background checks at least on regular employees. I accept that while not disclosed you have a business reason for doing this. You are trying to decide if you are going to run these checks on Interns. Your initial question was "Do we need to run background checks on interns as well to keep things consistent and avoid any discrimination allegations?" It would appear that at the time you were only concerned with allegations of discrimination (I assume unlawful as there is lawful discrimination). I stated "If your only reason for running background investigations is to avoid a discrimination allegation then I wouldn't run them." Meaning that you gave no business reason for running background checks other than to avoid those same allegations. Consider this. You have an employee who out of the course of their employment learns company information. Some, much if not all of that information is proprietary. They can hear it in the bathroom, break room, cafeteria or company function. It doesn't even have to be a part of their job. You stated in your second post "The reasoning behind not running the background checks on interns has been that they are not privy to the type of information that regular employees are." This would suggest that you are concerned, from an integrity stand point, about the ability to keep information confidential and this is one business reason why you use background checks. I don't think you can stop the Interns from inadvertently or on purpose becoming knowledgeable of confidential company information. Consequently for that business reason, just like with your other employees, I would run the checks. Consider your response to the following question, should you choose not to run them, when an Intern reveals confidential company information, regardless of how they learned it. "Nikkilich, why did you not run background checks on the Interns?" I think you see my point. |
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