Our company has recently decided to implement a new policy which is to conduct more extensive background checks for future employee, which will include previous job verification, education, credit, criminal records, and drug screening. This policy will also be applied to any existing employees. My question is what are the legalities for implementing these policies for our senior and existing staff.
From United States, San Diego
From United States, San Diego
There is no statute which states about background checks or reference checks both post as well as pre employment.
For the new hirees', what you can do is - Prior to giving the candidate an Offer, you may do the ref check with companies he has already quit. or there are agencies such as TOPS who does the detailed reference check incl. criminal records etc.
For the existing staff and seniors, if they are performing well it does not make much difference you do the ref check or not. but as for criminal records, you can engage agencies. Also if the checks are done now, the staff may lose their morale and work may suffer ..
Cheers,
Geetha
From India, Mumbai
For the new hirees', what you can do is - Prior to giving the candidate an Offer, you may do the ref check with companies he has already quit. or there are agencies such as TOPS who does the detailed reference check incl. criminal records etc.
For the existing staff and seniors, if they are performing well it does not make much difference you do the ref check or not. but as for criminal records, you can engage agencies. Also if the checks are done now, the staff may lose their morale and work may suffer ..
Cheers,
Geetha
From India, Mumbai
I work in the HR section of a legal government department in South Australia. We implement police checks (criminal background checks) for all employees. However, before Police advise us about ANY employee or future employee, that person has to sign a permission form for a Police check. If they don't agree, we don't employ them, but at least if there is something in their background that they don't want others to know, they can keep it private.
All Police checks, when completed, are confidential. The department has one small group of people who are nominated to receive advice from police and to make decisions about whether any offences are a problem. Mostly, not even Managers know the result of Police checks, unless again, the employee gives permission for this to be discussed with the Manager, so they can reach a decision about whether issues identified in the criminal background check are a problem.
From Australia, Ballarat
12All Police checks, when completed, are confidential. The department has one small group of people who are nominated to receive advice from police and to make decisions about whether any offences are a problem. Mostly, not even Managers know the result of Police checks, unless again, the employee gives permission for this to be discussed with the Manager, so they can reach a decision about whether issues identified in the criminal background check are a problem.
From Australia, Ballarat
Dear
Background checks post /pre employment are legal.It is within Managements pre-rogative.As to how you can use the information collected to treat your existing staff will be the Question .Suppose you find that he has a Criminal Background then How will you deal with him/her?
With Regards
V.Sounder Rajan
VS Rajan Associates,
Advocates & Notaries,
No.27, Ist Floor, Singapore Plaza,
No.164, Linghi Chetty Street,
Chennai - 600 001.
E-mail :
Off : 044-42620864, 044-65874684,
Mobile : 98401 42164.
From India, Madras
Background checks post /pre employment are legal.It is within Managements pre-rogative.As to how you can use the information collected to treat your existing staff will be the Question .Suppose you find that he has a Criminal Background then How will you deal with him/her?
With Regards
V.Sounder Rajan
VS Rajan Associates,
Advocates & Notaries,
No.27, Ist Floor, Singapore Plaza,
No.164, Linghi Chetty Street,
Chennai - 600 001.
E-mail :
Off : 044-42620864, 044-65874684,
Mobile : 98401 42164.
From India, Madras
I have handled 100s of backgtround (antecedent verification) checks across a cross section of various levels in sales, marketing, finance, HR and IT. It is our company policy that house visits and negihbourhood verification are part of our investigation. The enquiries with the past employers are not only through phone or e-mail. We undertake travel of more than 600 kms to ascertain the whole background of employment and standard of living of the candidates.
I have met several candidates of diffeent economic background. It is done well within the knowledge of both the parties and it is carried out in such a way that right candidates do not get upset and the wrong candidates are filtered or services dispensed with. Great care, patience, knack and host of other skills are required to cull out the valid and valuable information. There should be no emotional or personal attachment to any candidature 's profile.
Finally the findings and analysis of the observation of any candidates should be maturedly handled. There should be no personal bias on any parameters of a profile.
In my experience I have come across legal cases, credit card fraud, misapproriation of cash to the tune of crores, indisicipline. blue collar offences, conaiveance, misleading information, data theft, dispropotionate standard of living which are all startling findings in our investigation. It is not detective work but it all invoves a lot of human resources and a analysis of sea of input that you gather in your process.
finally there should be absolute 100% ingerity in your reports. The scope of imagination or assumption does not find a place. Because it is a service and concerned to larger interests of all and in particular the employers where the stake is in multi dimensions and large.
Rangarajan.
From India, Pune
I have met several candidates of diffeent economic background. It is done well within the knowledge of both the parties and it is carried out in such a way that right candidates do not get upset and the wrong candidates are filtered or services dispensed with. Great care, patience, knack and host of other skills are required to cull out the valid and valuable information. There should be no emotional or personal attachment to any candidature 's profile.
Finally the findings and analysis of the observation of any candidates should be maturedly handled. There should be no personal bias on any parameters of a profile.
In my experience I have come across legal cases, credit card fraud, misapproriation of cash to the tune of crores, indisicipline. blue collar offences, conaiveance, misleading information, data theft, dispropotionate standard of living which are all startling findings in our investigation. It is not detective work but it all invoves a lot of human resources and a analysis of sea of input that you gather in your process.
finally there should be absolute 100% ingerity in your reports. The scope of imagination or assumption does not find a place. Because it is a service and concerned to larger interests of all and in particular the employers where the stake is in multi dimensions and large.
Rangarajan.
From India, Pune
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Employee Background Verification Pre-offer & Post-Offer Services.doc