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Posted by David Katz | Jul 10, 2015 | 0 Comments


Employee background checks have become popular with companies and hr professionals. With a rise in liability against corporations for negligent hiring, employee background checks can be a cost-effective tool for addressing potential danger down the road. Despite the fact that it seems like common sense that such steps would be taken and improved it is amazing how many companies don't perform rudimentary checks or, even more popular, those companies that do not change their methods on a regular basis despite the need to do so. Keep in mind, the average negligent hiring award now exceeds 1 million dollars.

In support of the need to conduct such screening, research shows startling results. For example, 10% had a criminal record, 10% had filed previous worker's comp claims,15% previously misrepresented their employment record. In other situations,12% had various driving record issues including DUI's. Even a growing number of prospective employees had credit issues, liens, judgments, or even multiple bankruptcy filings.

Be sure to request a criminal record from a reputable firm, identity verification, driving record, credit history, verification of education, and/or certifications or licenses, and all worker's compensation claim history. To make sure you comply with the applicable federal law all such authorization must be signed by a prospective applicant. Deal with credit reporting firms that comply with the Fair Credit Reporting Rights and lastly check only items that are job-related in order to avoid future discrimination claims. Make sure you allow the company flexibility going forward by reserving the right to do such checks even after an employee is hired.

If prospective employee balks at such a request, show him or her the door. There is a reason why such hesitation exists. We have seen this before. Call us at the Katz Law Group at 508-480-8202.

About the Author

David Katz

Attorney David S.Katz is the founder and managing partner of the Katz Law Group, P.C., located in Westborough, Massachusetts...


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