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Background checks give the employer an opportunity to look into the potential employee’s past work relationships and work ethics. Usually it may not be of major importance and may not affect an employee’s future with the employer. However, negative remarks from the previous employer may prevent an employee from being hired. One may want to know about the background check laws, if he/she is denied a job based on the previous employer’s remarks. Some of the most common questions are given below. Q. Should the employer report a person to the authorities and temp services, if it is revealed after the background check that there are several warrants for his/her arrest?
Since the temp agency has the same background records of the person, the employer may not be liable for informing the agency. This type of information may have to be shared only if there is a contract that says so. If the employer was to report the employee, then he/she would have to terminate the employee and notify the agency.
Q. Can an employer fire an employee, if something is found on doing a background check months after he/she is hired?
In most situations, an employer may ask for a written consent to run a background check from the employee. The employer may have to tell the employee, at the time of hiring, that negative feedback from the background check may lead to termination of employment. If the employer has not taken a written consent or has not informed about the termination, then the employee may talk to him/her. Employers will usually notify the employees that the background check may be done before or during employment. Q. What action can the company take if the employee, who the company wishes to hire, is not able to verify the degree during the background check?
There may be a chance that the company may not hire an individual due to lack of proper information. The employer may request the school registrar for this information. In some situations, he/she may delay the start date to gather as much information as possible. Q. Can an employer run a background check on the employee after a year of service without informing the employee about it?
In most cases, the employer may conduct the background check before hiring. If the employer chooses to do the background check at a later date, he/she may do so. Usually an employer may inform the employee about the background check and it can be done at the time of hiring or employment. Q. How can an employee prove that an ex employer’s allegations about him/her being investigated by the police are wrong?
If the employee is terminated because of the false statement, he/she may sue the ex employer. One can also sue the former employer for defamation of character. To prove innocence, one can go to the police and request for verification that no investigation was done by the police department. One may also take a lie detector test. However, it is up to the current employer to decide whether they want to take these steps to retain or hire an employee. Background checks give the employer’s a chance to take a look at a potential’s employee’s previous work. However, not all background checks may be easy. Sometimes, these checks may lead to information that can make it difficult for an individual to get a job. The person may not know what to do in such a situation. The individual can ask an employment lawyer and get information about his/her rights in such situations.
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