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HOME :: Legal  
Employee Protection When Conducting Background Checks
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The hiring process in any company is such a hard thing to do. There are always so many screening procedures so that they will be able to pick out the best among the rest. While most companies on see the importance of a resume on hand, you need to be aware that times really have changes and that pre employment screenings are now made to be very specific. You might be juggling the decision of whether you should push through with the background search or not. While this may bring you a lot of benefits, you might be discouraged to continue it because of certain privacy issues.

Looking for private information about someone is an invasion of privacy. This is why not all companies dare to do this, afraid that they might get caught in trouble. Here is the good news about it. The Fair Credit Reporting Act (FCRA) is the set of guidelines which should be followed by companies when they are hiring new employees. This is basically involved in the limitations of the background searches done by the people. All of your concerns about the privacy can be addressed by this act so you do need to check this if you are planning on having a background check.

The number one rule is to always get a consent form from the applicant allowing you to conduct the background search. Any form of search without their consent will hold you liable for an illegal act. As the applicant signs, the company must include that if the applicant is rejected for the position after the background check, the reason must be stated. The use of the background check is not to be the sole determining factor of whether you should hire an employee or not which is why companies should clearly show that this is not the only basis that they have used.

The FCRA protects the employees and applicants form adverse actions where in the misuse of the information from the background check is done. There have been so many cases of this going around which is why the applicants need to be protected from this especially if they disagree with any of the results. If the applicant believes that they have been screened in the wrong way, they can outright complain it and it proven to be right, they are given another chance without taking into consideration the results of the previous background check.

It is quite a necessity for a company to have a background check done on their employees but this entails so much responsibility. The FCRA is what each and every company should have because just like anyone else, employees have the right to privacy. Employers should not take advantage of their power to decide on whether to accept an applicant or not. They need to be just in all of their decision. This is what professionalism is all about. A business is a business and it should be run under fair and objective policies.

Crimcheck.com is a leading provider of background checks for large corporations, small businesses, and consumers alike.

Article Source: http://EzineArticles.com/?expert=Barry_Snyder

Barry Snyder - EzineArticles Expert Author

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Article Submitted On: October 29, 2009



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