You look through the resume, interview the candidate, and extend an offer of employment. Isn’t it a straightforward procedure? Wrong! If you don’t know enough about a potential employee, it could be detrimental to your business. Just hiring everybody who passes through your door is not a sound business strategy. Also, relying solely on trust isn’t a good idea. You need to be familiar with their background and who they are. Taking someone at their word that they are truthful and qualified is a certain way to fall victim to deception. Don’t take any chances with the future of your company! Potential workers and volunteers should have their background checked as part of the hiring process. Criminal acts such as assault, cruelty, and theft can be lessened with the use of background checks. As a result, they can aid your company in determining whether an employee is a good fit for the position they are applying for.
Legal Obligation
You should be aware that employers have a legal duty to safeguard their business against any foreseeable act by an employee or volunteer, as well as their employees and consumers. Inadequate hiring processes can land you in a negligent hiring predicament. If an employee or volunteer commits a crime while working for your organization because you failed to do a background check before hiring them, your organization is responsible for the consequences.
To ensure the safety and well-being of its employees and consumers, organizations have a “duty of care” to screen potential hires thoroughly. As an example, a recently “hired” volunteer raped a school-aged girl while she was using a distant lavatory. Even though this person was on the sex offender registry, the organization never verified them before accepting and providing them full access to the organization. The company’s failure to do a thorough background check almost guaranteed it would face a negligent hiring lawsuit. In order to conduct a background check, you need to be aware of your limitations and know what you may and cannot inquire about someone’s past or personal life. You need as much information as possible when you’re interviewing potential new employees or volunteers. However, there is a catch. When a background check isn’t done in accordance with the rules that govern this screening, employees and volunteers have the ability to sue to enforce their privacy rights.
Fair Credit Reporting Act (FCRA)
This law ensures a level playing field when it comes to the processing of background check reports for you, the employer, and the applicant. If you have a clear commercial interest, such as hiring, terminating, reassigning, or promoting someone, you can conduct background checks and use the information. A background check for a job, on the other hand, cannot be done on the spur of the moment.
Applicant’s rights under the Fair Credit Reporting Act must be made clear to the applicant prior to performing a background check, and written permission must be obtained utilizing an Authorization & Release Form. A copy of the report and an Adverse Action Form must be provided to the individual if you decide not to hire or promote him or her based on the information in his or her credit report.
Your company could be held accountable for negligent hiring if you hire someone who isn’t up to the task. Due to bad employment practices, no firm is exempt from irresponsible hiring. An employer’s duty to safeguard employees and customers from harm or injury (or “foreseeable” conduct) caused by an employee is premised on the concept of negligent hiring. In the event that a member of your employee or volunteer commits a horrific crime, your organization will be held responsible for its acts. Due diligence and background checks are therefore required for all new hires, regardless of the size of your firm. Children and other vulnerable demographics should be properly checked for volunteers, as well.
As a result, while conducting a background check on a possible employee, it is critical to understand what is permissible (and what is not). The FCRA governs all reports generated and received by your organization. Before conducting pre-employment screening, it’s a good idea to speak with an attorney and do some legal research to become familiar with the applicable federal, state, and local laws (as well as the rules governing how they can be accessed and used in the hiring process, which can vary from state to state). Here are some things to keep in mind when building up and implementing your background screening program:
- Make a policy for doing background checks on employees that is unique to your business.
- Maintain compliance with FCRA regulations and all other federal, state, and local rules and regulations.
- A combination of screening products and job-specific searches can be used to find the right candidate.
- Establish a set of standards for evaluating information – what information will be disqualified?
- When evaluating findings, do not include any subjective judgments.
First Line of Defense
So, what kind of background checks would be most beneficial to your business? What kind of background checks should you conduct? Every job or position in your company may not necessitate the same type of background check. Criminal records, Social Security number/address history, and education/employment verification are among the most common types of background checks. Any search can be broadened by including extra criteria in addition to those used for initial screening (most additional checks are usually determined by the job title or function). As a result of their position and involvement in your company, you may want to conduct extra searches such as sex offender registry and motor vehicle reports.
Choosing the right employees is more important than ever before for businesses. In order to find work, criminals and abusers opt for companies that do not do background checks. An applicant’s past is an important consideration for companies with screening programs. Getting started doesn’t have to be a hassle or expensive. All of this revolves around ensuring that the business is safe, protecting employees and visitors, as well as assets, and minimizing risk. Hiring a candidate from a pool of candidates isn’t required by law. It’s best to keep looking if none of your applicants is a good fit. You’ll be glad you made the effort to do so.
importance of a reputable background check company
Fewer than a dozen businesses offered background checks not long ago. Since the events of September 11, 2001, there has been an explosion in the size and scope of the background screening sector, but this has not necessarily translated into improved quality.
As a result, it’s becoming increasingly difficult to distinguish between reputable screening companies and others that are just getting their start. Many companies offer quick but insufficient background checks for a low price. There is no guarantee that the data they buy from private data brokers are up to date or accurate.
AO Services; Background Checks
Since 2001, huge enterprises, small businesses, and startups have looked to Alpha & Omega as a reliable business partner for their respective needs. We are able to fulfill your requirements for background checks while maintaining an honest pricing structure. We keep things straightforward by not charging any startup fees and without requiring any contracts.