Federal Background Check

As an boss you need to know what you legally can and can't say about past employees when people are calling for an authorized employment screening background check.

This is an area where you can't afford to make a mistake or worse yet, let opinions get in the way. Company policies are regularly made in accordance with the single state's labor laws. For more facts on your state's laws you can palpate the department of Labor.

As a normal rule, the human resources department typically handles all employment verification calls, or if you are a small company, man who is appointed and properly trained. It's appropriate institution to give appropriate answers for all verifications including facts such as the exact dates a man was employed, what their title was and in some cases their final salary.

California law prohibits employers from intentionally interfering with former employees' attempts to find jobs by giving out false or misleading references. (California Labor Code §1050)

Under California law and the laws of many other states, employees have a right to recapitulate their own personnel files and make copies of documents they have signed. If you are a state or federal employee, your personnel file is protected under the California facts Practices Act or the federal Privacy Act of 1974 and can only be disclosed under minuscule circumstances. (California Civil Code §56.20; California Labor Code §§432, 1198.5; 5 Usc §552a)

Jobs such as truck driver positions fall under regulations of the federal department of Transportation. Employers are required to accurately answer to an inquiry from a prospective boss about either you took a drug test, refused a drug test, or tested sure in a drug test with the former or current employer. (49 Cfr 40.25, 49 Cfr 382.413. Http://www.fmcsa.dot.gov/rulesregs/fmcsrhome.htm

Here are a few normal rules of thumb to stick to:

- Don't say whatever at all unless you have a signed issue from the former employee. Most employers include legal jargon in their job application that includes releasing authorization to the boss to run a background check and to supply references and give any and all facts about former employment. Be sure to ask for a faxed copy of this signed issue before you tell them anything.

- Only supply the facts. If for example you have a written consequent of a drug test that shows an boss was found positive, you can say, "That worker was fired for a sure drug or alcohol test." If it's your idea only, keep it to yourself.

- Use only one man in the Company to speak for the company. Never let every supervisor give out references. Use your central Hr man and even if the call comes in to the immediate supervisor, transmit the invite to Human Resources. Then train your Hr people to ask for the appropriate written releases and how to disseminate the important facts only. If you deal with references this way, you will have a much less opening of discrimination or slander lawsuits being filed against your company.

- There is no legal duty to answer to reference requests particularly on the issue of eligibility for rehire. If you say nothing, you won't be liable for any possible defamation, so just create a definite rule of never answering this quiz, and write it into your policy procedures.

Go online and hunt these words for further facts on how to deal with referencing: Risky Business: A Guide to Providing References.

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