Background Screening Can Save Recuiters From Lawsuits

In this economic downturn, workplace crime such as theft, fraud, and even violence is on the rise and recruiters have a responsibility to their clients to provide qualified and screened candidates.  Background screening can not only reduce workplace crime, but also reduce risks associated with an employee’s actions harming the employer or an outside individual.  Since employers clearly wish to avoid such a liability, this presents a great opportunity for recruiters to provide pre-employment screening.

1. There have been numerous cases where an employer has actually sued the outside recruiter after an employee was caught embezzling from the employer and the employer discovered that a background check, including running a criminal history report, was never done.

In many cases neither the recruiter nor the hiring company completed a background check, and so it is critical that recruiters exercise due diligence in their efforts to find the right job candidates. If an employer hires someone who turns out to be dangerous, unfit or unqualified, and some harm occurs where it would have been foreseeable given the results of a diligent background check, the firm can be found negligent for not conducting a thorough background investigation. This, of course, will reflect negatively on the recruiter.

Not all recruiters are aware of how easily and quickly a pre-employment background screen can be done.  You do not need to check criminal records by going to individual courthouses, or verify applicant information by calling schools and past employers. That would take days to conduct a background check.   Using this method, a nationwide criminal check would not be possible. 

If a recruiter is working with a screening firm that has an online ordering system, the process is considerably faster. Not only does this ensure accuracy, but it also avoids delays caused by sending a request to a firm who has to manually enter the data.  These online services can save the recruiter time and money by providing instant background reports and facilitating the search for the right candidates. 

A thorough background check will search against government criminal records, Social Security registries, sex offender lists, terrorist watch lists, and credit bureau databases. You can see that a lot of potential problems can be avoided with a pre-employment background check and many recruiters are not aware of just how quick and affordable an employment based background check can be given the many background screening companies available who specialize in providing this service. 

A complete background report will include information on a person’s addresses, aliases, felony convictions, and credit history.  In addition, a Social Security verification can, and should, be done and you should verify employment to look for any unexplained gaps in employment.  You should know that in recent years, a Social Security Verification has become increasingly important given the federal government’s increased enforcement of the Immigration Reform and Control Act of 1986 which aims to reduce the number of employers hiring immigrants not authorized to work by the U. S government.  The Immigration Customs and Enforcement Division (ICE) has stepped up their audits and raids of workplaces, which has surely been disruptive to any targeted business.

Recruiters do, however, need to aware of government regulations regarding the use of information acquired during a background screen.  The applicant must provide written consent before a recruiter can conduct a background search.  The job applicant must also be given an opportunity to question the accuracy of the background report and they must receive a copy of their legal rights before the decision to deny the job.  There are also limits regarding how far back investigators can go in reporting convictions.

1. Perhaps most importantly, a thorough background screen can protect the recruiter from possible legal action in the event that the employee engages in illegal activity or causes harm to the company.