CONDUCTING BACKGROUND INVESTIGATIONS OF EMPLOYEES AND APPLICANTS: EMPLOYER’S MUST PROCEED WITH CAUTION

Employers increasingly rely on the results of background investigations to evaluate the suitability of an employee, or applicant for employment, before making employment decisions. This trend is certainly not surprising in light of post-9/11 concerns about national security, as well as public demand for increased honesty and integrity of corporate executives, officers and directors following the Enron scandal. Background investigations are often conducted in the employment context to verify a variety of information such as previous employment, educational history, credit history, to identify criminal activity and to otherwise evaluate the truthfulness of an employee or applicant for employment. In certain industries, federal or state law may require background checks of individuals who will work in sensitive positions. Some examples are the banking industry, certain government jobs and positions involving work with children, the elderly or the disabled.

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