Background Checks, References, Benefits
rachd
7 Posts
Sorry for the numerous questions...but I am at a loss what to do!
First, the company in question conducts background checks on employees that
are hired. They collect information on past criminal troubles, driving
records and worker's comp claims. Is it legal for the employer to get
information on the worker's comp history? For some reason, that doesn't
seem right to me. It is a small company- with around 35 employees that is involved in agriculture (raising hogs) in MN.
Another issue that has come up with the background checks is when they do
find something wrong, such as one employee has an arson conviction, who can
they tell in the company? Just their direct supervisor? Or who has the
"right to know"? If you have any links or books that could back up this
information, it would be VERY helpful!!
Something else that is related- if the company calls to check references and
some negative comments are made that the reference doesn't want written down
(in case the employee would ever see it)- what can be done in this
situation? Should they be noted or left off the form? I was concerned that
the employer was "baiting" the references to provide weaknesses (providing
personal examples) but it is still up to the reference not to respond. I'm
not sure on what is allowed concerning reference checks either. Also, can
reference checks and applications be kept in the regular personnel file?
Yet another issue that is totally unrelated- can a company offer group
health and benefits (such as flex, SEP plan, etc) to full-time "salaried"
employees and not to the full time "hourly" employees? This sounds like
discrimination to me but I can't find any specific information to back me
up!
Thanks so much in advance for your help!
Rachel Diederich
First, the company in question conducts background checks on employees that
are hired. They collect information on past criminal troubles, driving
records and worker's comp claims. Is it legal for the employer to get
information on the worker's comp history? For some reason, that doesn't
seem right to me. It is a small company- with around 35 employees that is involved in agriculture (raising hogs) in MN.
Another issue that has come up with the background checks is when they do
find something wrong, such as one employee has an arson conviction, who can
they tell in the company? Just their direct supervisor? Or who has the
"right to know"? If you have any links or books that could back up this
information, it would be VERY helpful!!
Something else that is related- if the company calls to check references and
some negative comments are made that the reference doesn't want written down
(in case the employee would ever see it)- what can be done in this
situation? Should they be noted or left off the form? I was concerned that
the employer was "baiting" the references to provide weaknesses (providing
personal examples) but it is still up to the reference not to respond. I'm
not sure on what is allowed concerning reference checks either. Also, can
reference checks and applications be kept in the regular personnel file?
Yet another issue that is totally unrelated- can a company offer group
health and benefits (such as flex, SEP plan, etc) to full-time "salaried"
employees and not to the full time "hourly" employees? This sounds like
discrimination to me but I can't find any specific information to back me
up!
Thanks so much in advance for your help!
Rachel Diederich
Comments
As far as discrimination with the benefits, our plan allows us to provide different benefits to different classes of employees. For instance, you can provide managers with one level of health insurance and non managers with another level. Just be sure to treat all employees in the class the same.