Employment application forms must be worded carefully

Employers have become increasingly aware of the importance of knowing if an applicant has a criminal record. Employers have a legal duty to make reasonable inquiries about who they hire, and to provide a safe workplace.
An employer who hires a person with a criminal record can be found liable for negligent hiring should the hiring decision result in harm. This can be avoided by a simple criminal record check. Checking criminal records demonstrates due diligence and is also an important preventative measure against workplace violence.

One of the most effective tools an employer has is the use of an employment application form in the hiring process. An application enables an employer to directly ask an applicant if they have a criminal record. The advantage is that an employer can use a well worded application form to discourage applicants with something to hide, and to encourage applicants to be open and honest.

There are, however, some limitations involved. Employers should make sure that their applications are legal. Read more...

7 Steps to Prevent Hiring a Criminal

The following article appeared in BLR's January newsletter.

7 Steps to Prevent Hiring a Criminal

We don’t know about you, but the thought of unwittingly hiring a criminal gives us nightmares. A recent story about a notorious nurse–reporting that he has now pleaded guilty to giving fatal medication overdoses to 23 patients and nonlethal overdoses to 5 more–is especially scary. During a 16-year career as a nurse at hospitals in several states, including New Jersey and Pennsylvania, Charles Cullen says he killed between 30 and 40 people. Why didn’t anyone discover sooner how dangerous this employee was?

That’s why we’re passing along some tips from an expert in background checking. He is Barry Nadell, president of Infolink Screening Services. At one of his websites (www.greathire.com), Nadell lists seven steps employers can take immediately to prevent hiring a criminal. As you will see, the primary goal of these steps is deterrence, just as you might post signs on your factory or office building, home, or motor vehicle that the property is protected by an alarm system. Better still, these measures cost little or nothing.

• Post prominent signage at your facility that you conduct background checks and drug tests for all new hires. Many (but not all) undesirable candidates will be discouraged from applying for jobs with you.
• Post a similar notice on your website, where you list openings in your organization.
• With your application form, hand out "ominous" (Nadell’s word) disclosure and authorization forms regarding background checks and drug testing.
• On the application form itself, repeat these notices prominently at the top, and ensure that the form includes all questions you may legally ask any candidate.
• Inform all current employees of your policies regarding new hires, and request them to authorize background screening should you find it necessary in the future.
• If you ever use temporary employment agencies, insist that they perform background checks on their candidates, and request copies of reports on any workers you hire through them.
• Require any vendor or independent contractor that sends its employees into your facilities to conduct background checks on those people. Give each such supplier a checklist of the kinds of screening you require, and ask each to verify that all steps were taken with any worker sent onto your premises.

Tip: For more information on Nadell’s services and other advice, see http://www.infolinkscreening.com, or Nadell’s book, Sleuthing 101 Background Checks and the Law.