Preventing Legal Liability With Employment Pre Screening

BusinessLegal

  • Author Chris Harmen
  • Published December 16, 2010
  • Word count 503

Across most industries today, companies are being held liable for the actions of their employees that were hired without undergoing an employment pre screening. For example, if a caregiver abuses elderly patients and has a record of violent crimes, it is the responsibility of the employer to catch that record during employment background checks and prevent that person from being in a healthcare position.

With this legal fact in mind, it is more important than ever to implement an effective employment pre screening program. In addition to learning more about a candidate in order to make informed hiring decisions, companies will limit their liability.

Establishing An Employment Pre Screening Program

Whether required by law or driven by a desire to find highly qualified candidates, employment background checks allow hiring personnel to employ the best candidates possible. In order to be effective, a program has to be established at the beginning of the hiring process.

Always be upfront with candidates about how and why a check is being done. The screening process is beneficial to both employer and employee; both sides want to make sure the candidate and position are a good fit. Also explain any legal issues associated with employment background checks; teachers and healthcare professionals will expect a screening due to the nature of their fields.

It also pays to consult a lawyer to make sure that the screening process adheres to local and federal guidelines and will help cover a business's legal liability.

Limiting Legal Liability

Many recent events are driving the law towards having employers responsible for their employees' actions. Since the terrorist actions of September 11th, people working with infrastructure, mass transportation, shipping, and border control positions are under increased scrutiny. Any job interacting with children, from daycare to driving a school bus, requires a check on criminal records. Even accountants and executives are not above scrutiny after the latest round of financial meltdowns and wrongdoing.

The best way to limit legal liability is to stay informed. Pre employment screening functions to screen out candidates who can do harm to a business. More importantly, it shows that a company is doing their due diligence in keeping their customers, clients, and fellow employees safe.

What To Include In Comprehensive Employment Background Checks

Digging into the history of an applicant can be as detailed as required by the position in question. Records can be pulled for verification of a Social Security number and go as far as to look into an applicant's complete work history. Drug testing, medical records, and state license verifications can be obtained along with a person’s driving, military, criminal, and credit records as well as alerts from the National Sex Offender’s Registry.

Match the position with need to know historical information. A professional civil engineering position should include a check on licensing while a pharmaceutical position might mandate drug testing.

In the end, employment background checks are some of the best tools for limiting a company's legal liability while simultaneously assisting in good hiring decisions.

Chris Harmen is an author for AccuScreen, the industry leader in employment pre screening checks and employment background checks since 1994.

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