Background checks-when?

For those of you that perform background checks on your applicants, at what point in the interviewing or hiring process are you having them complete the background check forms, and following through on ordering the reports? I don't want one for 'every applicant', only selected candidates for hire. I've made the mistake of reports coming back AFTER they've started working (due to the desperation or hurry some of the Depts. get into)and THEN finding out something detrimental about the employee. Kind of like the 'Cart before the Horse' scenario. Please tell me the proper way to handle background checking.

Comments

  • 13 Comments sorted by Votes Date Added
  • You should not run backgrounds until you have made a job offer. That offer can be contingent upon satisfactory results from, in our case, background, drug screen and physical. I fear you could run into some EEOC concerns if you asked for the information needed before offering a position. I was burnt a few years ago also by allowing an applicant to begin work before the background was returned only to find out he had felony convictions in 2 states. Now NO ONE
    begins until all pre-employment steps have been completed.
  • I agree with Popeye-don't let anyone start until all the info is back. Also, check state law-some require that checks/drug screens be pre-employment post offer.
  • When I interview a candidate and feel that they may be a possible candidate, I ask them to complete the background authorization form and tell them what type of checks we do. I then only run the checks on those who make the "final cut".

    I have learned the hard way never to start someone until all the information is back. I have had several instances where an employee was allowed to start before receiving their drug test only to have it come back positive and have to walk them out.
  • I have been burned on the 3 occassions that I started people before all the background checks come back. Never do I make an exception now, Popeye is right. When I make the offer, it is contingent, and I tell them it takes about 2 weeks for all the paperwork to come back. I give them a date around that time for orientation. Gives me time to get all the paperwork back.
    Makes things much easier. On my WC checks it says on there that the check can only be done after an job has been offered.
    My $0.02 worth.
    DJ The Balloonman
  • We are a long-term care facility and cannot even consider someone for employment without doing a criminal background check. Our forms are part of the application process and then we do the checks for those we consider for interview. We are in a remote location we feel it is better to go ahead and get the information upfront. We have such a diverse make-up of employees as far as age and race that we don't worry about EEOC issues with asking for this information upfront. We do require drug test and physical post offer. We do not do background checks other than criminal which can include fingerprinting.
  • I have a question regarding 'getting burned' for 'post employment' background check reports. I have been afraid to act on reports received after hire containing detrimental information. I always thought the employee would find a way to 'hang us' with them since it was our fault for not reviewing them BEFORE they actively started working. What have you guys done in these situations? Have you been forced to 'let it go'? Have you taken your chances terminating them? Am I being too fearful? The other day, I received one on a new employee who is also a family member of a lengthy tenured, upstanding employee. It showed a felony burlary from 1994, for which the new hire received a prison sentence. Then, I got one with 4 pages of Work Comp activity (3 claims were medical only of $500, one was an indemnity for $1000). I, too, have made up my mind that no matter what, no one's getting in here without all the reports back.
  • We don't do criminal background checks until after the person is hired. The company doesn't want to spend the money until afterwards. So I do terminations after the check comes back all the time. Well, not all the time, but often enough. Usually it's because the person did not put down their convictions on their paperwork (application, new hire paperwork, etc). Your person with the burglary conviction would be termed pronto if it wasn't put on their application where it asked about any past convictions. Granted it was almost 10 years ago, but our question asks for any convictions. The workers' comp info we probably wouldn't touch, I don't think terming because of that would be in our best interest, we'd just watch them like a hawk. Good luck.
  • It is my understanding that you cannot refuse to hire someone whose criminal background check comes back with convictions unless you can prove the conviction has something to do with the position for which they have been hired, for example a person who was convicted to theft for a position which will require them to work with money.

    Although we have been doing these checks for a while, it was only recently that we changed our employment application to include the question "Have you ever been convicted of a crime other than misdemeanor traffic violations?" We also included a statement that informs the applicant that an affirmative answer will NOT automatically preclude them from beinf hired. We spoke with our attorney about this and he said that it is fine to ask. If the answer is "no" and we find that there was something, we are then able to rescind the job offer based on the fact they lied on their application.
  • The issue usually is that they omit information from the application. Upon offering them a job, we have them fill out a conditional job offer medical review form. It ask if they have had any previous injuries, work and non work related and info on them.
    I don't care if they have had previous claims, but if they say they have never been hurt, and came back with 3-4 claims on their WC record. I would rescind the offer.
    I am looking for truthfulness in filling out the applications. Remember if you have someone who lies, omits, do not worry about them getting upset suing, let them know the reason the offer is being withdrawn is their failure to completely and accurately fill out the application.
    My $0.02 worth.
    DJ The Balloonman
  • We don't automatically rescind or term based solely on the conviction either, nor could we. It is based on what is stated on the application. If we find they have a conviction that was not stated prior to the background check then we usually proceed with the term due to lying on the app. Sometimes they don't realize that their conviction was a misdemeanor or felony and that's why they didn't put it down. Most of the time they know and didn't want to say. Admiting a conviction on the app or interview process does not automatically disqualify for a job either, just certain jobs based on the business needs.
  • We do background checks after we have offered the position and before we hire them. That is the best way to do it. We are careful on how we use the information that we receive. If it has to do with their position we won't hire them, ie. we require all engineers to have college degrees. Lots of applicants lie about that and we won't hire them if they haven't graduated.
  • Make your offer CONTINGENT on passing their background check, pre-employment physical and drug screen. AND NO MATTER WHAT THE DEPT. HEAD SAYS - EMPLOYMENT CANDIDATES ARE NOT STARTED UNTIL ALL, AND I REPEAT ALL OF THE REPORTS COME BACK.

    The department heads should get into the habit of planning ahead on their resource needs. By letting them come screeching up at the last minute "I have to have this person working by....", they put the company in a high liability arena by ending up with employees that shouldn't have been hired for one reason or the other.

    Stand your ground. The candidates don't start work until all the paperwork is completed and the all the reports are back.
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