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Criminal Background Checks
Recruiting & Staffing
Criminal Background Checks
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Our company is starting to do criminal background checks. In some counties it takes several days or even weeks to get the results. Can we "provisionally" hire someone before the results are in, and un
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Forums » Topic Forums » Recruiting & Staffing » Criminal Background Checks
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Criminal Background Checks
posted at 7/28/2010 7:33 AM EDT
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Posts: 58
First: 10/17/2006 Last: 9/13/2011 |
Our company is starting to do criminal background checks. In some counties it takes several days or even weeks to get the results. Can we "provisionally" hire someone before the results are in, and under what circumstances can we let them go if there are convictions? |
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Criminal Background Checks
posted at 7/28/2010 10:08 AM EDT
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Posts: 410
First: 1/26/2006 Last: 11/15/2010 |
Hi:
I would not recommend such an approach for a variety of reasons (e.g., negligent hiring, discharged employees tend to be more litigious than applicants denied employment). However, if you decide to take such an approach, I would ensure that you have the employee sign an acknowledgement that they agree that they will be terminated should a job-related conviction be identified via the background check. As an aside, while procuring such records is very time consuming and cumbersome process, you may want to compare consumer reporting agencies in terms of their turnaround time. I trust this is helpful. Dave Arnold, Ph.D., J.D. |
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Criminal Background Checks
posted at 7/28/2010 10:28 AM EDT
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Posts: 562
First: 11/12/2009 Last: 9/14/2011 |
I agree with Dave, especially on the negligent hiring. Hiring someone with a history of sexual assault, for example, prior to completing a background check who then proceeds to sexually assault another employee is almost certainly guaranteed to result in a large jury award against you.
I'd also strongly agree with sourcing a good background check firm which can turn around background checks quickly and at minimal cost. |
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Criminal Background Checks
posted at 7/29/2010 4:00 AM EDT
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Posts: 237
First: 7/10/2007 Last: 8/31/2011 |
I previously worked for a large national company that hired thousands of people a year. All criminal records checks were done post-hire. Of course their application and authorization forms both stated that employment was contingent upon the results of the criminal records check. We also did follow-up criminal records checks if they were promoted to a managerial position. It was amazing how much stuff showed up on these 2nd checks that was missed on the 1st ones.
An element of risk with pre-employment checks comes with requiring date of birth (needed for records check) prior to making the employment decision. (potential for age discrimination claim.) However, Nork points out a valid concern with post-employment checks since good county records checks can even take weeks in some jurisdictions. Whether you do records checks pre or post- employment itâs important to have a written policy outlining when you will take âadverse actionâ which has passed legal review. |
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Criminal Background Checks
posted at 1/5/2011 3:10 PM EST
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Posts: 5
First: 6/22/2010 Last: 2/23/2011 |
James,
Your searches are taking way too long. Let me offer my services. 4 hour turn around on a $ 19.95 nationwide criminal check which includes residential social security trace, gang affiliation, terroist watch list, OFAC, outstand wants/warrants, and sex offender registry. Please visit www.bsassllc.com. |
Forums » Topic Forums » Recruiting & Staffing » Criminal Background Checks
