You’ve Hired Someone with a Questionable Record: What’s Next?

You’ve Hired Someone with a Questionable Record: What’s Next?

As a hiring manager, you know how difficult it can be to find the perfect candidate. In unsteady economic times like these, thousands of people can reply to the same job ad. It’s your duty to comb through them to find the best candidate for the position.

However, all those phone calls to verify employment and forms to request database information can take time. There’s work to be done! When you need someone right now, it can be tempting to cut corners. Don’t – it’s not worth it in the end.  Let the process do the work.
 
What do you do when you discover your new hire has a criminal (or otherwise questionable) record?
 
It sounds harsh, but hiring someone with a criminal record, industry sanctions, or other black marks on their record can pose a significant risk to your business and expose your company to liability.
 
1. Confirm your information is accurate. Verify in any way you can that the record actually belongs to your new hire. Data entry inaccuracies on your part and/or the database you used are quite common. In many cases, a small detail (like an old address or a middle initial) will clear up the confusion. If you use a third-party screener, double check they have provided you with the correct information.
 
2. Understand the conviction or sanction. Carefully investigate the employee’s past infraction that concerns you. Depending on the type, severity, and distance from the questionable mark, you may choose to disregard it. Of course, infractions in certain industries can’t be ignored, like the medical and financial sectors. It may be helpful to speak with a lawyer to make sure you don’t violate the new hire’s rights. If the person has a parole/probation officer or case counselor, speak with them as well.
 
3. Execute a Pre-Adverse Action. According to the Fair Credit Reporting Act, a job candidate or employee must be given an opportunity to dispute or explain any information uncovered on a background check. The employer must issue a Pre-Adverse Action, which is a document that informs the new hire that they can be terminated based on the information in the background check. You are also required to give the employee a copy of their rights under the Fair Credit Reporting Act, the background report, and a reasonable amount of time to respond.
 
4. Execute an Adverse Action. If the employee is unable to offer a suitable explanation or adequate proof that the results of the background check are inaccurate, you may issue an Adverse Action and termination. This must be done in writing.
 
5. Review your screening process. If someone slipped through the cracks, your screening process needs some work. First, identify where the error occurred. Were the interview questions less than thorough? Were the references checked? Was each step of the background check completed? Were any licensing or accreditation agencies contacted?
 
It’s worth mentioning that by hiring a felon, you may be creating a fiercely loyal employee. Job prospects for felons (or anyone with unfavorable marks on their records) can be slim. By giving the hire an opportunity, you may be rewarded with an outstanding employee who won’t leave a safe, steady job.
 
Hiring a candidate should be a thorough multi-step process that uncovers problems and red flags as early as possible. That’s why a proper background check should always be a part of your screening process. You must simultaneously ensure the candidate/employee’s rights are protected and business is insulated from potential harm.

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About the author

Shannon Husdspeth, SPHR is the Director of Human Resources for Sinclair Risk & Financial Management and consults with The WorkPlace Solution.

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