by Robert Wenzel
Hiring a new employee can be a difficult task for an employer. There are many things to consider with a potential candidate, such as if the individual would be a good fit for the company, their previous work history and educational background.
One factor that organizations often take into account in determining who to hire is any information that is gathered on a specific person. Oftentimes, what comes back from a search on an individual is a primary factor in determining if the candidate will be hired.
There are several elements that a company needs to take into account when running a background check. Some of the factors include:
1) Including a “box” on paperwork: Businesses often will include a section on their employment application asking if the individual has been convicted of a crime. Some organizations will automatically disqualify a potential employee if they have been convicted of a crime, regardless of what or when the incident took place.
2) Determining the type of conviction: Knowing the crime that a person committed can be important for the organization, depending on the type of position for which they are hiring. For example, if a school district is looking to employ a bus driver, it may not be in the company’s best interest to hire someone who was convicted of a DUI 2 years ago.
3) When the incident took place: If the potential employee committed a crime 20 years ago and has not had any other incidents on their record since then, there is a possibility that the event in question was a one-time occurrence. If the person has been continuously employed for a long period of time since the crime, there is a lower likelihood that they will commit the same (or another) incident again. Being aware of when the crime occurred may be useful to both sides as the person may very well have learned their lesson and moved on from the action.
4) Be thorough: It is crucial that the employer look at the full picture when evaluating the candidate in question. A crime may not tell the entire story of a person. The business should also evaluate the individual’s work and educational history before making a decision on a person.
5) Have an outside company run the search: Having a third party perform a background check can benefit the employer. First, it can minimize the risk of the organization if anything negative is found regarding an individual. Secondly, the company will be able to make a more informed decision after gathering all the pertinent information.
6) Being consistent: It is imperative for the business to have the same practices for all candidates they are considering for a position. If the organization is looking at multiple people to fill a job, the background check needs to be include the same elements for all individuals instead of picking and choosing which parts of the background check will be run on each person. In this way, the company can get a clear picture on all the individuals they are looking at.
It is important that a business have a set process in place to run background checks on potential employees. These elements need to be fair, consistent and the same for all individuals. The candidate may claim that they were treated differently in the hiring process or were overlooked in favor of someone else with a crime that may be considered less severe. Not only would the company be opening themselves up to a costly lawsuit, but they could potentially gain negative exposure from the way they gather information about people.
At the same time, having a set process in place that is the same for everyone will allow the company to get a better idea of what they are ultimately looking for in the ideal candidate. Once this person is hired, it will help the organization out by possibly having to spend less money to train the new employee. Furthermore, the new worker could be more productive and help the business be more profitable long-term.
Before implementing a process to run background checks, a company should meet with a business attorney. The lawyer will be able to discuss what should be included and excluded in the evaluation. The attorney may also be able to provide more ideas as to what to look for in the background check and the candidate.