Background Checks


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Background Checks

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Online Exclusive: Checklist for Using Credit Reports in Hiring
CEA Online Exclusive July 2012
Background checks into job applicants' criminal histories have been common for some time; one recent study found that 92 percent of employers conduct criminal background checks on all or some of their candidates. In recent years, employers have increasingly looked into applicants' credit histories, too. . . . more

Background Checks: EEOC updates guidelines on use of criminal records; How to safeguard your checks
July 2012
Do you subject job applicants to criminal background checks? If so, you're not alone. A recent study estimated that 92 percent of employers conduct such checks. . . . more

Online Exclusive: Checklist for Lawful and Effective Background Checks
CEA Online Exclusive January 2012

Employers that don't conduct thorough background checks risk problems ranging from weak worker performance to negligent hiring and vicarious liability to horrific acts of workplace violence. The incentives for background checks couldn't be clearer, but background checks also come with their own risks because many federal and state laws regulate the type and amount of information employers can obtain. . . . more

Background Checks: Arrest, Conviction Records Merit Different Treatments; How to Conduct Criminal History Checks
January 2012
At a meeting last summer, the U.S. Equal Employment Opportunity Commission (EEOC) examined the employment barriers faced by individuals with arrest and conviction records. The meeting prompted fear among some employers that the EEOC might "ban the box"--prohibit the box on most job applications asking about criminal history. . . . more

Background Checks: U.S. Supreme Court Upholds In-Depth Inquiries for Federal Contractors; Are Your Background Checks 'Reasonable'?
April 2011
Background checks of employees and applicants have become increasingly common over the last few years, but some employers still struggle with just how far they can go in their inquiries without wading into dangerous legal waters. . . . more

Background Checks: Employee Fired for Criminal Record Alleges Bias; When You Can, and Can't, Consider Past Illegal Behavior
November 2010
Today's technology makes it easier than ever for employers to check whether applicants and employees have criminal backgrounds. In fact, 73 percent of employers surveyed earlier this year by the Society for Human Resource Management (SHRM) said they conduct criminal background checks on all job applicants; only seven percent don't conduct the checks on any applicants. . . . more

Sample Background Check Release and Authorization
CEA Online Exclusive June 2010
The benefits of conducting background checks on job applicants are obvious, but the checks can backfire on employers that don't follow the rules. For starters, you must obtain the applicant's written permission to perform a background check in California. CEA Online subscribers can access a sample release and authorization form in this month's Online Exclusive. . . . more

Background Checks: 8 Smart Practices for Screening Job Candidates
June 2010
A recent lawsuit by a job applicant who was a registered sex offender highlights employers' need to know how to investigate prospective employees without violating the law. Read on to learn how you can ensure that your background checks are both thorough and legal. . . . more

Reference Checks: How Loose Lips Can Lead to Lawsuits
April 2009
Every employer hates to lose good employees, but giving favorable references for those employees is usually a pleasure. It's a different story, though, when it comes to employees who performed poorly or were terminated with good cause. Sometimes employers are left with hard feelings about these workers. It's important to make sure those hard feelings don't color the references you provide. . . . more

Bulletin: Immigration News - Form I-9 Has New Expiration Date; All Federal Contractors to Use E-Verify
August 2008
The U.S. Citizenship and Immigration Services has released a new version of the Form I-9 with an expiration date of "06/30/09" in the upper right corner. The form has not substantively changed, but it is now the only . . . more

Drug Testing: Preemployment Drug Tests for All Applicants for Public Employment Held Unconstitutional
July 2008
The Ninth Circuit Court of Appeals, which covers California, has ruled that a city's policy requiring all applicants for public employment to undergo drug and alcohol screening was unconstitutional. We'll discuss . . . more

Screening Employees: 12-Point Hiring Checklist
Updated January 2011

In this month's issue of California Employer Advisor, we report on a case in which a California auto parts retailer was sued after a store manager, who happened to have a shady past, walloped a customer in the head with a metal pipe during an argument with the customer. . . . more

Bulletin: Discounted Background Checks Available from ERI Partner
June 2008
In addition to free access to the hiring checklist, online subscribers have another membership benefit that will help them conduct thorough applicant screening and side-step lawsuits. Online subscribers can receive 10 percent discounts off the prices other employers pay for . . . more

Liability for Employee Acts: Mixed Outcome for Retailer Whose Employee Assaulted Customer
June 2008
When Juan Flores went to an AutoZone store in Orange County to buy motor oil, he whistled to get sales manager Erwin Gomez's attention to ask the price. Gomez was insulted by the whistling, the two men had words, and Gomez conked Flores on the head with a metal pipe and injured . . . more

Bulletin: Government raises employer fines for immigration violations
April 2008
As of March 27, 2008, employers that violate federal immigration laws must pay heftier penalties. Employers face fines for knowingly employing unauthorized aliens . . . more

Bulletin: Revised I-9 Form lists fewer acceptable documents
December 2007
U.S. Citizenship and Immigration Services (USCIS) has released a new Form I-9, Employment Eligibility Verification. USCIS removed five documents from the list of those acceptable for . . . more

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