Background Check Agreement
When hiring a relatively unknown applicant, a background check provides helpful third party evaluations that can be used to judge an applicant. However, due to privacy laws, such information is not available absent a background check agreement.
Other People Are Reading
-
Privacy Laws
-
Both state and federal privacy laws establish significant protections for employees and their personal information. Employers are under legal obligation to avoid leaking such data arbitrarily. As a result, many employers will not provide background employment information about a person without their consent.
Benefits
-
Obtaining a background check agreement provides multiple benefits. First, the applicant is on notice that you will check their story out. Second, using an agreement protects both the former employer and prospective employer from privacy law violations, given the applicant's voluntary consent. Third, anybody with something to hide won't likely agree, and an employer can legally refuse to hire based on the refusal.
-
State Law Protection
-
At least 26 different states provide proactive protection for employers who can show evidence that they used a background check agreement, acted in good faith and gave a prospect every chance to disclose their background before a hiring decision was made. If these elements are met, such employers are legally protected from negligent hiring lawsuits in such jurisdictions.
-
References
Resources
- Photo Credit glasses image by musk from Fotolia.com
