Rescinding A Job Offer

jpepler

Our company recently began conducting background checks on applicants who have been extended an offer of employment. In order for the agency I contract to conduct a complete background check (past employment, education, criminal, credit) they require a signed "waiver" from the applicant.

I have a number of temporary agency employees that I have extened job offers to. The offer letter stated that they would convert to a company employee after satisfactory background check and pre-employment physical results were received.

The waiver reads as follows:

I hereby fully waive any rights or claims I have or may have against all current and/or former employers and their agents, employees, and representatives for any damages that may directly or indirectly result from the use, disclosure or release of any information relating to me by said employers, agents, employees, and representatives, whether such information if favorable or unfavorable to me. I furthers waive any claim against (Company Name)and any outside agency utilized by (Company Name)to procure and report information relating to me, which may include but not be limited to information about my employment, financial and credit records, criminal records and driving records.

One of the applicants has refused to sign the waiver. I know the agency can get previous employment and schooling information without the waiver, but I do not believe they can coduct the complete check without the waiver.

Can I rescind my offer of employment to this individual because a complete background check cannot be done?

Thanks for your help.

Margaret Morford

If a background check is a condition of employment for that job, I'd say yes. It is no different from refusing to take a pre-employment drug screen.

Margaret Morford
theHRedge
615-371-8200
[email]mmorford@mleesmith.com[/email]
[url]http://www.thehredge.net[/url]

Rockie

Yes, you can. I would, in fact, NOT want to hire this person. They obviously know there is something unsavory in their background.

moneyman

If this is your standard practice, I would agree that you can rescind the offer. The prospective employee is not complying with company policy by refusing to sign the paperwork that allows the background check to be performed. I agree with Rockie that it seems like this person intends to hide something. The only time I have had a problem is when a person did not want to release a SSN for the check because they were just wary of releasing SSN for anything. We were able to conduct the check on DOB instead.

We usually have a person sign an authorization when they come to interview that allows us only to contact former employers. After an offer is made, they sign the authorization to conduct the background check. On this authorization they fill out their name (or former names), DOB and SSN. We have not run up against refusals yet.

Don D

I agree 100% with Margaret AND Rockie. (?)