Sending safe candidates who are suitable for employment will keep your clients satisfied. Sending them a convicted felon, who commits a crime on the job site, would be disastrous.
When conducting criminal background checks, knowing and using the most reliable information sources will instill confidence in your clients. These recommendations below can help you win more business and protect your company from liability.
1. Your clients rely on you to be knowledgeable about regulatory compliance. Demonstrate your knowledge up front by educating your clients on the differences between a County Criminal Search, which is the most reliable source of local criminal information, and a Nationwide Criminal Database search, which is less reliable.
2. Inform your clients that your fee structure includes the cost of reliable County Criminal background checks, which are being used to deliver the safest and most qualified candidates, so they fully understand the value they are receiving.
3. Revise your client agreement to include your position on background checks. Be sure the client reads, understands, and signs when or if you will perform background checks and under what circumstances. Keep this original signed document on file and send the client a copy.
4. Make County Criminal background checks a mandatory business practice. Contract workers represent the best (and sometimes the worst) of what your company has to offer. These contract workers are your product; is your product sound? By screening all applicants with a County Criminal search in the counties where they have lived, and verifying Nationwide Criminal Database hits with a record search from the originating court, you can protect your company from reputation damage or, worse, litigation.
5. Share all screening information with applicants before you place them and advise your applicant that you will be doing so. Provide each applicant with the results and discuss any concerns with your applicant while advising them that, if they are placed, the information will be shared with your client.
6. Have each applicant sign a document advising that they are aware of this practice; if the applicant is not willing to sign the document then it is an obvious red flag not to utilize that person. Additionally, you must have a discussion with your client regarding screening results.
7. Inform client companies of their right to conduct more thorough background screenings. Educate them on how more in-depth searches, such as drug screening, employment verification, and education verification can uncover potential issues not included in your initial screenings.
8. If you decide against mandatory background checks, make sure you present this to your client in written documentation that clearly states background checks are not performed automatically and only at the client's request.
These recommendations should not be construed as legal advice. When it comes to developing policies and procedures related to pre employment background checks, always consult a licensed attorney.