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backround check after interview question

sadly this is not for me, it's for my company.  they're starting to think about maybe sometime soon possibly starting to inverview the people who sent in resumes 2 weeks ago (eyeroll because i can't do it for some reason).

anyway, the topic of running a backround check came up.  is it legal to do if you don't ask the candidate first?  is it something that should be mentioned in the interview?

kthxby

proof that i make babies. jack, grace, and ben, in no particular order
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Re: backround check after interview question

  • I've always been told upfront that employment was contingent upon a clean background check. 
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  • You need to check your state laws on this.  In CA, we have the ICRAA.  NJ may have something similar.

     

     

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  • imageESF1:

    You need to check your state laws on this.  In CA, we have the ICRAA.  NJ may have something similar.

    oh duh.  i forgot this might be a state thing,  thanks.

    i guess telling them would cover it though, right?

    proof that i make babies. jack, grace, and ben, in no particular order
    imageimageimage
  • Lurker former HR person here...In my experience, you have to notify the candidate and have them sign a disclosure form that allows you to perform the check. Some background check services like American Data Bank require additional information from the individual (other states the person has lived) in order to run a full nationwide check. Sometimes people have to be given information regarding how they can retrieve a copy of their credit report in the event something is flagged on it during a background check (if you do a credit check). You should check with your state laws and find out what is appropriate for your organization.
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  • HR/Recruiting person here. Most 3rd party background check companies won't proceed until they have a signed disclosure and/or authorization from the person who's background is being run.  We normally mention it at the final interview stage & it is expressly addressed in the offer letter.  Most people seem to expect there will be some sort of background check prior to employment though.
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  • Fourthing (?) the "they have to sign a disclosure authorization form". Here they have to take a drug test, then they get an conditional offer based upon what the background check turns up (if they are in a "position of trust"). They sign a form stating that a background check and drug test may be forthcoming at the interview.
    A big old middle finger to you, stupid Nest.
  • You need to get their permission. To run a good background check you need a lot of info like SSN, previous names, addresses, etc.

    Nothing is to stop you from doing a google search of the person though

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