sanity check on pre-offer requests

dchr9203 · August 2006

We have a candidate for an internal position that requires a security clearance. The manager wants the applicant to agree to a back ground check before an offer is extended; doesn't even want to extend a contingent offer, which was my recommendation. I'm thinking we shouldn't do it pre-offer. Any thoughts?

Thanks

pork1 · August 2006

DCHR9203: I would think that your organiztion could be accused of discriminating with the information in a back ground check for a security clearance, which has absolutely nothing to do with the reasons for a preceived promotion or a lateral transfer for whatever reason by the concerned employee. The individual is deserving of the transfer/preceived promotion or she doesn't deserve to be considered at all.

Your recommendation of a "contingent offer" is the only sensible thing to do, if one must be made at all. These types of back-ground checks are not a quick action and take months to complete. Interum security clearances can be achieved in a sorter period of time and the individual could be transferred and moved into the new security clearance pending a final outcome of the full security background investigation and award of the final security clearance.

Hope this helps!

PORK

Down_the_Middle · August 2006

Hasn't there been some discussion w/the internal candidate b/4 now??? Presumably the conversation would include the requirement of a security clearance and other job differences..... So what's the problem w/ a conditional offer as Pork suggested? Sounds a little like the results of the background check are an important part of the pre-offer checklist. Hmmmm

dchr9203 · August 2006

Sorry; post misled that the candidate was already an employee. He/she is not. The ability to get a clearance is a requirement of the position. I've given up trying to reason with the hiring manager that a contingent offer is just that, and for some reason, he doesn't want to extend any kind of an offer until he's confident about the ability to get a clearance. So, still thinking that while not illegal to ask the candidate to voluntarily participate, its not in our best interest pre-offer. Just looking for validation on that position.

thanks

System · August 2006

Lemme get this straight ... the hiring manager wants to do a security check without making an offer and expects the guy to still be available three months later? If the candidate is any good, he'll have another job by then.

BTW, back when I had a wife, she got a contingent job offer from the U.S. Attorney's office and promptly gave two weeks' notice at her old job. Her new boss forgot to mention that she couldn't start work for several months until she got clearance. #-o So she had to ask her old boss to let her stay on a while. x:-8 Good thing she didn't cuss him out when she gave notice.

James Sokolowski
HRhero.com

Brother Bluto · August 2006

I'm extremely curious as to why this hiring manager does not want to give the person a conditional offer letter. I hate to even ask, but does the hiring manager really understand that a conditional offer letter just gives you the "green light" to conduct the background check? I don't know if this is "exactly street legal, so keep it on the down-low", but I've given conditional offers to more than one person for the same position. These offers were for entry level production positions. A lot of our applicants turn out having criminal backgrounds, can't pass a drug test, or lie on their applications - so, when we give a conditional offer, we give out a couple and hope that one passes. If by chance we have two that pass, we hire the better of the two and if another position opens in the near future, we've got a back up. I don't mean to steal your thunder, but does anybody know if I'm in violations of anything by doing this practice?

Leo · August 2006

I remember this discussion from before. I quoted the VA law letter hoping the editor might chime in, but never did. It said to do the testing BEFORE the offer. (Whatever you decide, make sure they sign a release for the background check.)

cthr1 · August 2006

You should check your State law regarding background checks and drug screens. Some states require that they be post offer/pre-employment.

davids · August 2006

Check the Fair Credit Reporting Act (FCRA). I am not sure what type of background check you will be conducting, but it should be after a conditional offer is made. We do background checks on all new hires. They are always done after a conditional offer has been made.

NeedCoffee · August 2006

In our application, there's a statement saying that the applicant understands that the company may obtain financial and credit reports, motor vehicle record reports, background check, etc. The applicant has to sign it as part of the application. Additionally, applicants are given the background check authorization forms with the application, and are told that any offer of employment is contingent on passing a background check. If we ever find anything from the background check that causes us NOT to extend that offer of employment, we authorize our vendor to send them an Adverse Action letter as a CYA.

You may want your attorney to look over statements similar to those in your application, background check authorization forms, and adverse action procedures. If you use a vendor to outsource your background checks, they may be able to help you with this as well.

Obviously, if you can get your hiring manager to do a conditional offer of employment, that would be best, but I think you can probably work around it as long as you have a good adverse action policy and applicant authorization procedures.

sanity check on pre-offer requests

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