About This Course:
What should you do if an applicant or employee has a criminal history?
It happens more and more often: a background check on an applicant comes back with problems, or you find out after the fact that a new employee has a criminal history. What are the legal requirements, and what should you do?
What You'll Learn:This audio conference focuses on some of the most-common background check challenges many hiring managers face, such as:
- Background comes back with an arrest, but not a conviction
- Does your state prohibit discrimination based on arrest records?
- A current employee tells you he's going to be "out for a while" because he has to do 90 days of jail time for his second DUI
- The employer's "double-edged sword": Keeping the workplace safe by screening out bad hires vs. potentially discriminating against applicants
- Company policies and job descriptions: The keys to applicant screening
- Preemployment background checks: What you need to know to protect yourself from negligent hiring claims
- The FCRA and taking adverse action: How to rescind an offer of employment when a background check comes back with an arrest or a conviction
- How to avoid claims of disparate treatment and disparate impact
- The EEOC's "three-factor test" when considering an applicant with a criminal history
- Understanding how the EEOC views arrests vs. convictions
- Avoiding negligent retention: How to handle a current employee who is now in trouble with the law
Top FAQs
Probably the largest pitfall is the reaction of your employees, especially if the investigation is handled poorly. For instance, the company does not investigate theft allegations, tells the accused details from an accuser's accusations, and loss of profits and reputation.
Several, including hostile or violent employees, retaliation lawsuits, state or federal repurcussions from broken laws, and affects on your workforce.
Employers must know the legal obligations that require them to conduct internal investigations, how to gather documentary and physical evidence, how to effectively handle witness interviews, and how to apply discipliary action or termination.
Respond promptly and responsibly, assess, plan, investigate, evaluate, conclude.
Common law, retaliation, Assault & Battery, Defamation, Privacy, and more.
An "internal" or "workplace" investigation is a formal inquiry regarding allegations of wrongdoing to determine whether laws or corporate policies have been violated.
