i found you!

by Blake Forrester

Most employers can easily grasp why running a quality background check is important, but unfortunately there are many myths floating around about background checks that could get even a well-meaning employer in trouble.

One myth is that there is some kind of national database to which private employers have access which contains all the information an employer could ever need to ascertain a potential employee’s criminal history and to confirm the education and employment information they have claimed. If only it were that easy.

Doing a thorough background check necessitates a lot of legwork and attention to detail. You have to know where to look, and you have to look in a lot of places. For a criminal background check, for instance, there are over 10,000 courthouses in the United States that have relevant records. These courthouses must be visited in person; they do not combine all their records somewhere for the convenience of employers.

A related myth is that to do a proper background check you need only consult commercially available databases.

Unfortunately while such commercial database services might seem attractively inexpensive, you get what you pay for. How likely do you think it is that the folks who compiled these databases went to all 10,000 courthouses and checked and double checked everything to minimize false positives and false negatives? Not very.

A third myth is that as an employer it’s really not too hard to do a background check that’s “good enough” so that if anything does go wrong you can’t be blamed.

In fact, the due diligence that is required of you can be quite stringent, not to mention unpredictable since it may boil down to what a given jury decides on a given day would have been a reasonable effort on your part to investigate a potential employee.

A fourth myth is the common belief that employers can disqualify an applicant based on a criminal conviction without a business justification.

Once a person has “done his time” the law does not allow him to be indiscriminately penalized the rest of his life by being rendered unemployable. If the nature of the job, the specific offense he committed, the amount of time that has elapsed since the crime, etc. indicate that he would be a substantial risk, then yes, you are within your rights as an employer to deny him a job. You are not required to hire a convicted sex offender to work at your day care, for instance. But if he smoked marijuana 25 years ago, that’s not sufficient grounds to rule him out for employment repairing clocks in your shop.

Source: pre-employ
Share