Employee Applications

System

I understand that it is legal to inquire about prior convictions in an employee application. Is there a limit, in NJ, regarding how many years back we can ask about?

Second, we do background checks of employees that may enter client homes to do aide work for seniors. If, after they are hired, we find a record of theft, can we use our judgement as to whether they should be kept or not? Are we more liable that otherwise, should this employee steal from a client?

Thanks.

Crout

You need to thoroughly check your state law in regard to this. Here in PA, for example, we have the Older Adults Protective Services Act, which mandates that we do background checks and provides a laundry list of convictions that would bar employment (which our state Supreme Court has recently struck down as unconstitutional by the way). I would imagine that Jersey has a similar statute.

System

Do you bring your employees on board before the background is complete? I say "yes" to your question, that you are more apt to be held liable for a negligent hiring practice if you hired someone who committed theft and the background was not complete.

At least your insurer may not pay up. You will be held liable for the employee's actions whether they had a conviction or not. But if your insurer learns that you should have known not to hire the person, they may not pay.

Experience talking here.

System

Thanks very much for your advice. I think it's right on target.