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Pre-Employment Background Checks: An FAQ

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Employers want to hire the best employees for their company, and a thorough background check is an important tool to achieve this goal. However, many candidates and even some employers are unsure about what a background check entails and what they can expect.

Here's a list of frequently asked questions about pre-employment background checks to assist you in preparing for the hiring process.

What Information Is Included in a Pre-Employment Background Check?

A pre-employment background check is an investigation into a candidate's history, including their education, employment, criminal record, and other pertinent information. The background check helps employers assess the candidate's qualifications, character, and potential risks to the company.

The information included depends on the type of background check ordered by the employer. It can contain criminal records, credit and financial histories, driving records, and educational degrees.

All this information is usually obtained through public records, although employers may also contact references or former employers for additional information. A reference check is a verification of the job applicant's previous work experience, job performance, and overall character.

Employers could also conduct a social media scan or drug screening to adequately assess potential employees. A social media scan aims to uncover any negative information the candidate may have revealed on social media platforms. This information can be used to determine if the candidate is a good fit for the role.

Drug screening helps employers weed out any candidates who have a drug-related history. This is especially important for employers in safety-related industries like transportation and construction.

Are Employers Required to Conduct Background Checks?

No federal law requires an employer to conduct a background check, but some states have mandates for specific industries or professions. For example, some states require employers in the healthcare and finance industries to conduct background checks. This is to ensure that the person they are hiring has no criminal record or other background impairments that would make them unsuitable for the position.

However, many companies routinely use background checks during their hiring process to safeguard the company against any potential legal liability, risk, or damage. For instance, employers could be held liable for negligent hiring if a candidate with a criminal record is hired and causes harm to others. This is why employers should always conduct thorough background checks, even if not required by law.

Can an Employer Reject a Candidate With a Criminal Record?

It depends on the nature of the candidate's criminal record and the job scope for which they are applying. For instance, employers cannot discriminate against an employee based on race, sex, or religion, but they can reject a candidate owning a criminal record that reasonably disqualifies them from performing the job optimally. This includes violent crimes, sexual offenses, and other felonies.

However, employers should consider the candidate's rehabilitation efforts before making a decision. For instance, if the candidate has completed a rehabilitation program and has stayed out of trouble for a certain period, they may deserve a chance to prove themselves.

Employers could also consider the applicant's age when the offense occurred and their overall success in other areas of life. So if a candidate has made efforts to turn their life around, the employer should at least consider them for the job. 

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18 April 2023