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Why Employers in California Search Criminal Background
When employers in California search criminal background of their employees, this is done for a number of reasons. However,
the main reason for California search criminal background
probably has to do with the overwhelming number of negligent hiring lawsuits which have been brought before the courts over the past years. When employers in California search criminal background, they should know that there are several restrictions they should be aware of.
If an employee harms their colleagues in any way as a result of being employed in that specific company, and the employer could have foreseen the problem by
doing a California search criminal background,
then the employer can be sued for the act which caused the harm. Examples of such harm, which drive employers in California search criminal background, are: assault in the workplace by an employee with a violent record, injury through poor training or negligence by someone who lied in their resume, or even injury to shareholders because of the decisions of an unqualified accountant.
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| The increase in terrorist acts and child abductions has also led to more employers in California search criminal backgroundof their employees. Recent studies show that about 40% of all job resumes contain some elements of false information, hence more employers in California search criminal background of job applicants on the short list. While it may not be economical to screen all candidates, it is certainly justifiable when HR people in California search criminal background of those short-listed. Furthermore, the state law requires that employers in California search criminal background before hiring any person that will work with children, the elderly or the disabled. There are several records which can be consulted by employers interested in California search criminal background.Among these are education records, criminal and court records, workers’ compensation claims, and even certain medical records. Those who perform a California search criminal background can also check credit and residential records, and even carry neighbor interviews. However, whenever employers in California search criminal background they can access many other personal records, with our without the applicant’s permission. There are some records, though, which cannot be included in California search criminal background.According to the civil statute (California's Investigative Consumer Reporting Agencies Act), when employers in California search criminal background, there are a range of restrictions imposed. A misdemeanor conviction related to consumption of marijuana older than 24 months is not reportable in California search criminal background, and therefore no adverse action may be based on such offense. Criminal convictions, as well as credit data, are not reportable after 7 years from the date of disposition in California search criminal background. In their turn, arrest records are reportable only if the case is pending. If the case does not end with a conviction, arrest records cannot be used in California search criminal background.The employer can ask the candidate about job-related convictions, but not about any other convictions. This is why potential employers who are aware of the legal requirements in California search criminal background often choose to collect information about job applicants through specialized agencies. |
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