FYI Employee Background Screening

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Background Checks

Is It Legal For An Employer To Charge A Potential Employee For A Background Check?

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question_valerie_everett

I recently checked out Quora which is getting a lot of buzz lately (with mixed reviews). What is Quora you ask? The best way to describe it is it’s a Q&A social networking site. I’m not sure if Quora is going to be social media’s newest “it” platform, but I did find some questions on employee background screening that you might find helpful.

Here’s one question that I recently answered:

Q – Is it legal for an employer to charge a potential employee for a background check? If a business requires employees to be screened for past criminal behavior, is it acceptable to charge potential employees for the cost of the screening?

A- There is no federal law that prohibits employers charging a potential employee for a background check but the following states (and Washington, DC) have laws that limit this practice:

  • California, Minnesota, Washington,DC – the employee cannot be required to pay for a background check as a condition of employment.
  • Vermont – limits an employer charging a potential employee for a background check if they are using specific sources.
  • Kansas – employers can’t require potential employees to obtain their own records and give them to the employer.

What questions do you have about background checks?

Photo credit: Valerie Everett

Survey Results: Background Checks On Job Candidates

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Why do employers conduct background checks?

Which positions require a background check?

What information in a candidate’s background report could have an adverse effect on the decision to hire?

In November 2009, SHRM conducted a comprehensive survey that looked at background checking on job candidates. The survey explored the primary reasons organizations conduct background checks, the categories of job candidates that are checked and other related topics.  Here is the survey in case you missed it when it came out.SHRM Background Check Survey

View more presentations from shrm.

FYI Screening On Twitter

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twitter_rafeejewell

Having trouble keeping up with all there is to know about employee background screening?

We can help.

FYI Screening stays on top of the latest industry news, trends and relevant compliance issues.

We are a powerful source of advice, information, and experience.

One of the best ways to tap into our vast source of information is to follow us on Twitter.

Here is a sampling of tweets from the past two weeks:

  • Ohio bill going too far to protect ex-convicts? Police would have to seal files, media delete old stories http://bit.ly/91Zoe9 #in #hr
  • Employee Background Screening News: Former felons feel boxed in by crime question http://bit.ly/bIJ39E
  • #Privacy Alert: 60% of Americans don’t know copiers store images on hard drives http://bit.ly/b9QWoR (watch the video)
  • MA employers need to review their background check policies to comply with new state law http://bit.ly/bJ9gRW (PDF via Ogletree, Deakins)
  • IL joins other states in making it illegal for employers to use credit histories to evaluate job seekers http://bit.ly/dwT9kn #hr #in #jobs
  • Governor Signs CORI Reform Prohibiting MA Employers from Inquiring About Criminal Convictions on “Initial” Applications http://bit.ly/bX6TOL
  • Background check news: NYC lawsuit: Census Bureau discriminated in hiring http://bit.ly/a3wmXu #hr #emplaw

What are you waiting for? Follow us on Twitter now!

Image credit: rafeejewell

The Best Of FYI Screening 2009

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nye2010

2009 was a year that social media surged and the use of social networks for employee background screening was frequently debated. We saw resume fraud, diploma mills and fake employment websites flourish.  During this time we’ve used our blog to keep you informed of these trends, best practices and legal compliance issues.  Look to FYI Screening for more of this in 2010.

Below you’ll find our most widely-read posts of the year:

  1. The Importance Of Post-Hire Background Checks
  2. 4 Tips On How To Use Social Networks For Employee Screening
  3. The Dangers of Using Social Networks for Employee Screening
  4. Diploma Mills: Degrees of Deception
  5. 5 Legal Reasons Why Your Company Should Have a Social Networking Policy
  6. The Other Background Check: What Does Google Have To Say About You?
  7. Resume Fraud A Growing Concern
  8. Twitter and Employment Law Issues
  9. Job Applicants Are More Likely To Lie As The Recession Grows
  10. The Pitfalls Of Using Social Networking To Screen Potential Employees

Happy New Year!

Photo credit: berk2804

How To Protect Your Company When Googling Job Applicants

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google

Earlier this week I wrote how 100% Of Companies Will Be Using Social Networks As Part Of Their Employee Screening Program By 2012.

Jon Hyman from the Ohio Employer’s Law Blog read this post and offers some advice on how employers can protect themselves when they use social networks to screen applicants.