Another Criminal Background Check Question

HR in CA

[font size="1" color="#FF0000"]LAST EDITED ON 08-31-04 AT 12:06PM (CST)[/font][br][br]I did not see my question addressed in the achives. It is was, sorry I missed it in my search.

My company does criminal background checks when employees are hired. We have policy in place that states if you have any felony convictions we will rescind our offer of employment.

Part of our business is placing IT staff at customer locations. In the contract with our customers, it states we will provide written evidence of a successful background check on each of our employees. We provide this by writing a letter stating that we have a background report on this employee and I certify that this employee meets the standard of both our company and the customer's standards. Well now they are asking for a copy of our employee's background report.

Their contract currently does not ask for a copy, sure they could amend their contract.

Right now I do not want to release these reports. Not because are employees don't meet the standard, they do meet the requirements.

What do the wise and helpful members of this forum say???

THANKS

Leslie

Does your policy state you will hold the information confidential, other than the generalization that you are now using? If it does, I would not release. Quite frankly, even if it doesn't I wouldn't release at this point. The customer should provide in writing some sort of reasoning for suddenly wanting more specific information, and the request should come more formally. Not suddenly, out of the blue (if it was), your letter is no good anymore...we want to see the report.

LarryC

I would tell the customer that the employees' background checks are confidential, as are the rest of the contents of the employees' personnel files.

Shadowfax

At a minimum, I would get a new contract in place that specifically spells out the requirement that you provide the report. Then, I would make sure new ees are aware the report may be provided to customers and get their consent. Then, I would be concerned that by providing the report to third parties, you may become a 603 f 'consumer reporting agency'. I don't know that you will, but I would be concerned - and get an answer before agreeing to supply the report. I suppose this means that the customer could reject an ee based on dtheir reading of the report. If so, I expect they will have to give the FRCA notice of adverse decision. I think it gets complicated.

hhaynal

Do not give it to them. Period. Opens up a whole can of worms and, besides, they are not entitled to the details of the investigation, just a pass or fail status.

puzzle

hhaynal is right on. Especially in California, I would not consider releasing anything except your written letter. If the ee wants to sign a release, written by the staffing company, requesting that you provide full details of the report, that's another matter as long as that release totally releases you of any potential liability should that company reject your ee based on the background check.

POPEYE

[font size="1" color="#FF0000"]LAST EDITED ON 08-31-04 AT 09:40AM (CST)[/font][br][br]I can't speak for CA, but Puzzle is dead on for most states. Part of our business is a contract operation. That contract specifically states that we do not allow convicted felons on the property. We utilize staffing agencies to fill some of our needs. I had been just taking a written statement saying that the staffing employee had passed a drug screen and had a clear background. Well, when we got ready to hire one of the staffing EEs, it was uncovered that this EE did have a felony conviction, the staffing company was aware and "swept it under the rug" in order to fill an order. I now insist, and we do have all waivers and permissions in place, that I am given a copy of the report before an EE begins work.

SMace

In general everyone is right on, but we also need to remember that the request is from their CUSTOMER. The people that keep them in business. I would address why they want the info and see if there is an amenable way to address their concerns without giving up the specific background information.

HR in CA

Thanks to everyone who responded. Your comments and insights are very much appreciated.