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Background checks on existing employees
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We are currently in the process of restructuring and are going to have some employees rebid for their current or similar positions. Can we require them to undergo another background check even though
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Background checks on existing employees

posted at 6/13/2011 9:25 AM EDT
Posts: 11
First: 1/11/2007
Last: 6/29/2011
We are currently in the process of restructuring and are going to have some employees rebid for their current or similar positions. Can we require them to undergo another background check even though they are already current employees? If we do so, do we need to require it for all internal applicants who re-apply during this process or only those who apply for positions different than the one they're currently in?

Background checks on existing employees

posted at 7/26/2011 7:15 AM EDT
Posts: 7
First: 10/3/2006
Last: 8/2/2011
I think that as long as you have a signed release form that authorizes the background check, then it should be no problem. I would opt to be consistent and have all the ones re-applying get the same thing.

Background checks on existing employees

posted at 7/26/2011 9:30 AM EDT
Posts: 2442
First: 2/12/2000
Last: 9/14/2011
I think you need to take a step back and ask yourself a couple of questions:

1. Why are we going to now do a background check on any employee that has been with us for a number of years and has done satisfactory work?
2. What is our goal is doing them?
3. Why would we do this for just a select group?
4. Why are we not going to also do a pre employment physcial and or drug screen?
5. IS there a disproportionate number of employees in protected classes in the this group?
6. What message are we intentionally or unintentionally sending to our workforce?

Background checks on existing employees

posted at 8/2/2011 5:48 AM EDT
Posts: 7
First: 10/3/2006
Last: 8/2/2011
If anyone applying for the position would have to go through a background check, then why wouldn't former employees have to do it as well? If you want to be consistent and not show favoritism, then former employees who were "restructured" out of their jobs should have to follow the same hiring policies as anyone else who applies. That's what I would think - but I am not a legal expert by any means. We have many clients who annually recheck ALL their employees' criminal history to make sure they have not been convicted of a crime while working there. They do, of course, have company policies to address how to handle the situations that come up as a result and that varies by company.

Background checks on existing employees

posted at 8/2/2011 7:04 AM EDT
Posts: 2442
First: 2/12/2000
Last: 9/14/2011
Sunnyblu-These are not "former" employees but rather current employees who jobs have been "restructured" so that there are less of them so some will eventually be gone. So therefore no need to test any existing staff unless you have policy to test everyone every year.

We used to call this "Spill and Fill".

Background checks on existing employees

posted at 8/28/2011 8:20 PM EDT
Posts: 1
First: 8/28/2011
Last: 8/28/2011
You most definitely can check the backgrounds of your current employees. In doing so, the best practice is to follow FCRA legal requirements just as you would for applicants. If you have already had employees sign an 'Acknowledgement of Intent to Conduct a Background Check' form that extends this privelege beyond the applicant stage then you are all set. If not, you will need to get their permission before commensing the background checks. I suggest you do this with all employees so you have these records on file and not just focus on the specific people that are being considered internally for the positions you referenced. For a thorough explanation on Infinity Screening which this practice is called see the book 'Background Screening & Invetigations: Managing Risk in the Hiring Process from a HR and Security Perspective.'

Barry
COO, PreemploymentDirectory.com

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