In yesterday’s Advisor, we covered the first three steps for successful background checks. Here are steps 4 and 5, along with an introduction to a unique program to help with policies from reference checks to termination.
(Click here for steps 1, 2, and 3.)
Step 4: Verify Credentials
Many employers require applicants to have a certain level of education. Some positions (and state regulations) require that an individual hold a current professional license (e.g., lawyer, certified public accountant, doctor).
The Family Educational Rights and Privacy Act may prohibit a university or college from releasing such information without the written consent of the student/applicant. Therefore, include a written release and disclosure statement as part of the overall employment application.
Military Service Record Checks
There is no federal law that expressly prohibits employers from inquiring about an applicant’s discharge from military service. However, the Equal Employment Opportunity Commission (EEOC) takes the position that relying on the type of military discharge may be discriminatory.
Because there are only a few jobs where an honorable discharge may be a bona fide job qualification (e.g., jobs requiring certain types of security clearances), an employer should limit inquiries regarding the type of discharge to asking if the employee received a dishonorable discharge and, if yes, to explain the reason.
The Uniformed Services Employment and Reemployment Rights Act (USERRA) provides that an employer may not be required to reemploy a person after military service if the person’s discharge was punitive or other-than-honorable, or if the person was dropped from the rolls of service.
When applying for reemployment, the employee has the burden of proving that he or she meets the eligibility criteria for reemployment. An employee’s failure to provide the necessary documentation for reemployment does not necessarily forfeit that employee’s reemployment rights if the documentation does not exist or is not readily available at the time that the employer requests the documentation. If the employee is reemployed and documentation becomes available showing that the employee does not meet one or more of USERRA’s reemployment criteria, the employer may terminate the employee.
Caution: Some states prohibit any inquiry about the nature of an applicant’s discharge from military service.
Driving Records
Because an employee may be required to drive or operate a company vehicle during the course of his or her employment, an employer may need to obtain information regarding an individual’s driving record and/or personal habits.
An employer may obtain Department of Motor Vehicle (DMV) personal record information upon receipt of a record holder’s (i.e., applicant’s) written and signed consent.
Caution: Many states further regulate third-party access to individual DMV record information.
For commercial truck drivers, the Federal Motor Carrier Safety Administration (FMCSA) requires prospective employers to request certain information from an applicant’s previous Department of Transportation (DOT)-regulated employers.
BLR’s SmartPolicies supplies 350 HR policies, prewritten for you, ready to customize or use as is. Click here to examine it at no cost or risk.
Step 5: Check References
Often, former employers and supervisors can provide the most helpful information about a candidate’s past work experience, ability to work with other employees, customer service skills, attendance, etc.
Information provided by former employers may also help determine if a candidate provided accurate information on the employment application.
Unfortunately, many employers are reluctant to provide detailed references for former employees for fear of lawsuits.
Require applicants to sign a release statement that authorizes the prospective employer to contact past employers for job reference information.
In addition, ask for a waiver signed by the applicant that authorizes the prospective employer to speak with listed references. Typically, such waivers state that the applicant is giving up any claims he or she might otherwise have against reference providers as a result of the information given.
Also, a number of states have enacted laws “immunizing” employers from claims by former employees that they were denied employment because of a negative reference.
Background checks are one of what, about a hundred policy challenges you’re dealing with? We’ve just seen major changes to the FMLA. The ADA, military leave, accommodation rules—the list of new policy requirements seems endless. But you can’t backburner work on your policies—they’re your only hope for consistent and compliant management that avoids lawsuits.
Not sure all your policies are up to date? Or that you even have policies? We do, and they’re already written and ready to use, along with almost every other policy you’re likely to need, in BLR’s popular SmartPolicies.
Why write your own policies when we’ve already done it for you … at less than $1 each! Inspect BLR’s SmartPolicies at no cost or risk.
SmartPolicies’ expert authors have already worked through the critical issues on some 100 policy topics, prewritten the policies for you, and tested them at thousands of companies over time.
In all, SmartPolicies contains some 350 policies, arranged alphabetically from Absenteeism and Blogging to Cell Phone Safety, Voice Mail, and Workers’ Compensation. What’s more, the CD format makes these policies easily customizable. Just add your company specifics or use as is.
Just as important, as regulations and court decisions clarify your responsibilities on workplace issues, the policies are updated or new ones are added as needed every quarter, as a standard part of the program.
SmartPolicies is available to HR Daily Advisor subscribers on a 30-day evaluation basis at no cost or risk … even for return postage. If you’d like to have a look at it, let us know and we’ll be happy to arrange it.