Employment Screening

Our principal opened his agency in 1981. We’ve shared many of the same experiences that you have had in running a business. Some of the headaches are beyond your control. Bringing problem employees on board is something you can. This type of investigation provides the highest cost to benefit ratio. It is a lot easier to avoid a problem than to solve one. It is also a lot cheaper.

Lawsuits regarding employment screening continued to increase for a number of reasons. Let’s start at the beginning. Before conducting a pre-employment background check, you must have a signed release. It has to be a standalone document not buried in the application. What is permissible to ask in one state may not be in another. It can even vary city by city within the same state.

With more state legalizing recreational marijuana review your company guidelines regarding drug screening during both the hiring and retention process. Have a well versed attorney review your employment application. Ban the box statutes, overly broad questions or terms such as maiden name can lead to legal problems. More states are enacted expungement laws which erase criminal histories from the public record. Missouri implement that change on January 1, 2018. Be aware of what you can and cannot ask.

A pre-employment background check is considered a consumer report. It falls under the guidelines of the Fair Credit Report Act. If an applicant is denied employment, retention or a promotion based on that report there are specific steps to follow. Acquaint yourselves with the FCRA, follow those guidelines and it will further insulate you from employment litigation. Smaller companies without the advice of counsel or lacking a human resource professional are the most at risk. If in doubt on what is legal, ask. Tragically, workplace violence is making the news more than ever. Screening of applicants will reduce that risk. If the unthinkable still happens, the employer can at least document proper screening procedures were in place.

Established 1981
Missouri Agency License Number: 20100008269
Illinois Agency License Number: 117.000675