Business employee criminal background checks

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More importantly, the cost of missing something crucial can be devastating in the long run. A simple background check could have prevented this heartache. The potential costs of not running a background check don't stop there. And what about lawsuits? Most small businesses don't have the funds to go through long litigation processes due to negligent hiring.

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Running a background check — and doing so within the confines of the law — can protect you from these unexpected expenses. Firstly, small business owners need to think about the responsibilities their individual employees will have in their roles. Similarly, it would be a good idea to restrict the release of information to whatever was requested - unless there is a compelling need to do so, try not to volunteer additional things that are not connected to the information requested by the prospective new employer.

Texas law Texas Labor Code, Chapter gives employers important protections against defamation lawsuits based upon job references, as long as the employer does not knowingly report false information; still, employers should try to report only what can be documented. Employers have the right to do criminal background checks themselves using government-maintained databases, but most employers hire a service to do that - be careful, since the Fair Credit Reporting Act requires an employer to give written notice that a credit or background check will be done and to get written authorization from an applicant to do the check if an outside private-sector agency or search engine will be used the notice and the authorization can be on the same form - in addition, if the applicant is turned down, the employer must tell the applicant why, give the applicant a copy of the report, and let them know the name and address of the service that furnished the information.

HR Basics: Background Checks

In-home service and residential delivery companies must perform a complete criminal history background check through DPS or a private vendor on any employees or associates sent by the companies into customers' homes including attached garages or construction areas next to homes , or else confirm that the persons sent into customers' homes are licensed by an occupational licensing agency that conducted such a criminal history check before issuing the license.

The records must show that during the past 20 years for a felony, and the past 10 years for a class A or B misdemeanor, the person has not been convicted of, or sentenced to deferred adjudication for, an offense against a person or a family, an offense against property, or public indecency. A check done in compliance with these requirements entitles the person's employer to a rebuttable presumption that the employer did not act negligently in hiring the person. Recommended : do such checks on anyone who will be going into a person's home, garage, yards, driveways, or any other areas where the employee could come into contact with people at their homes.

With respect to applicants younger than 18, if possible, secure written permission from the child's parent or guardian to conduct background or drug tests.

Background Checks

Unless a law requires such a question, do not ask about arrests, since the EEOC and the courts consider that to have a disparate impact on minorities - a company can ask about convictions and pleas of guilty or no contest. If an EEOC claim is filed, the employer must be prepared to show how the criminal record was relevant to the job in question, i. Conducting a job-relatedness inquiry involves treating each applicant as an individual - the employer must be able to articulate how it determined, with respect to an individual applicant, in light of the applicant's criminal history, and concerning the job in question, that hiring the person would have involved an unreasonable risk of possible harm to people or property.

In Texas, asking only about "convictions" will not turn up some forms of alternative sentencing - for example, under the law of deferred adjudication, if the person given such a sentence satisfies the terms of probation, no final conviction is entered on their record, and the person can legally claim never to have been "convicted" of that offense - however, they would have pled guilty or no contest to the charge such a plea is necessary in order to qualify for deferred adjudication , so if it is necessary job-related to know about about convictions and guilty or no contest pleas, the question would have to be rephrased - see the discussion directly above about the job-relatedness of an offense.

In the case of Kellum v. Explore by Topic Benefits. Employee Experience.

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What is included in a background check?

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Best Background Check Sites for Employers

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