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Background Checks
National Summary
With an increase in negligent hiring, retention, and defamation lawsuits, spiraling recruitment and training costs, and an upsurge in workplace violence and theft, employers feel they need to know as much as possible about every employee. Add that surveys report 30 percent to 50 percent of job applicants either lie or exaggerate on applications and during interviews, and the need to investigate and confirm application data is more important than ever. However, in an effort to appropriately balance an employer's “need to know” with an employee's privacy and equal employment opportunity rights, many federal and state laws regulate the type and amount of information that employers may obtain. Therefore, employers that are interested in conducting background investigations must be fully aware of each law's specific requirements and must tailor their employment practices accordingly or else risk the financial sting of stiff penalties.
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Resources
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Title
Date
State
9335
state_comparison_charts.aspx
Guidance Documents
Arrest & Conviction Records, by State
National
91378
state_comparison_charts.aspx
Guidance Documents
Arrest & Conviction Records, by State (PDF)
National
2143
timesavers.aspx
Forms
Authorization for Release of Employment Information
National
75269
training.aspx
Handouts
Background Check Basics (PDF) (Handout)
National
75270
training.aspx
Quizzes
Background Check Basics (Quiz)
National
76520
training.aspx
Training Talks
Background Check Basics (Training Talk)
National
93189
training.aspx
Handouts
Background Checks and the Law (Handout)
National
93190
training.aspx
Quizzes
Background Checks and the Law (Quiz)
National
93188
training.aspx
Training Talks
Background Checks and the Law (Training Talk)
National
91070
state_comparison_charts.aspx
Guidance Documents
Background Checks, by State
National
91401
state_comparison_charts.aspx
Guidance Documents
Background Checks, by State (PDF)
National
87915
faqs.aspx
Questions & Answers
Can we ask the birthdate of a candidate to obtain the driving record?
05/26/2011
National
86450
faqs.aspx
Questions & Answers
Can we conduct a background check on aliases we found out about from a source other than the employee?
03/23/2011
National
93495
faqs.aspx
Questions & Answers
Can we run a crimnal background check prior to job offer with applicant permission if done consistently
04/29/2013
National
82786
faqs.aspx
Questions & Answers
Can you tell us if the criminal background checks fall under FCRA?
07/01/2010
National
78168
state_comparison_charts.aspx
Guidance Documents
Consumer Credit Reports and Driving Records, by State
National
91506
state_comparison_charts.aspx
Guidance Documents
Consumer Credit Reports and Driving Records, by State (PDF)
National
92085
timesavers.aspx
Policies
Criminal History Records Policy (Alternative)
National
1102
timesavers.aspx
Policies
Criminal History Records Policy (Sample)
National
93357
whitepapers.aspx
White Papers
Employers beware: Blanket policies which bar applicants with criminal records violate Title VII
04/02/2013
National
18789
timesavers.aspx
Letters
Employment Verification Letter Without Recommendation
National
92084
timesavers.aspx
Policies
Hiring, References, and Background Checks Policy (Sample)
National
78438
timesavers.aspx
Forms
Instructions for Form 8850
National
2175
timesavers.aspx
Forms
Permission for Background Check
National
1571
timesavers.aspx
Forms
Reference Check Form
National
84029
faqs.aspx
Questions & Answers
Under the FCRA, can a company do annual and/or random background checks on current employees if it has their consent on file?
12/20/2010
National
18788
timesavers.aspx
Letters
Unqualified Letter of Recommendation for Departing Employee
National
15527
timesavers.aspx
Forms
Verification of Previous Employment
National
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