You have placed your job ad, performed interviews and found the perfect applicant for the position. This applicant meets and exceeds skills and qualifications necessary for the job function. All you have to do now is wait for your applicant’s background check.
Once you receive the background information, you are faced with the fact that your applicant has a bit of an unlawful history. What are some considerations that should be made in this situation?
Create a company policy. A company’s hiring process does not end simply with an offer to a candidate and acceptance. Create and emphasize a policy defining the consequences of resume and application fraud. Precisely state these consequences and the conditions for termination on your employment application and in your employment guide or handbook.
Get rid of the unscrupulous employees before they do damage. Be consistent in carrying out your policy of dismissing employees immediately following the discovery of fraud. This can later help you in your defense against certain types of negligent hiring claims.
By having a screening process in place and in print you will be protecting yourself and your company against possible legal issues as well as fraud.
Factoring in the seriousness of the offense or conduct is a good starting point before automatically dismissing the candidate. Consider the nature of the offense and how this could affect your business environment. Certain misdemeanors, depending on the type of wrongdoing, may be less severe than a particular felony conviction. A felony is generally categorized into violent and non-violent crimes. Felonies will have a degree ranking, by a letter or number, and that ranking will determine the seriousness of the crime.
You might want to also look at the date that the listed offense actually occurred. Clearly, any recent incidents will help you make your determination. It is important to distinguish ample relation between the fundamental job functions and the offense. Employers should always consider these factors before making an employment hiring decision.
Further information can be found on the EEOC website or contact Essential Screens to speak to a qualified consultant who can help you understand your responsibilities.