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Key Takeaways Many business owners view background checks as an unnecessary expense, but the price is minimal compared to the legal and reputational damage caused by a problematic hire.
From verifying college degrees to uncovering criminal convictions, rigorous screening is the only way to ensure an applicant is truly who they claim to be.
To conduct an effective background check program, you must define clear parameters, identify the verifiable information that is needed, and inform applicants/employees about the type of background checks that will be required or performed.
Trust is an inherent part of our human nature; we tend to see and believe the best in others. However, when you discover that an employee intentionally withheld crucial information, such as a criminal conviction, the potential repercussions can far exceed their contributions to the company.
About 12 years ago, I encountered this very situation. When an individual applied for a position at our company, she completed and signed the job application but failed to disclose a prior criminal conviction. She worked closely with our small staff for almost two years. While I strongly believe in conducting thorough background checks before extending job offers, the tools we use for these checks today did not exist at the time of her hiring back then.
Since our company transcribes law enforcement, legal and medical files, we are required to adhere to the stringent standards set by the Health Insurance Portability and Accountability Act (HIPAA) and the mandates of the Criminal Justice Information Services (CJIS) division of the FBI.
The situation escalated when our company was obligated to provide background information to CJIS. Late one afternoon, the employee came into my office and informed me that she could not comply with the request for information.
“Of course you can,” I replied. “Everything required on the form is information you previously provided on your employment application.”
You can probably foresee the dilemma I faced. The employee had failed to disclose her prior criminal conviction on her job application. Though her dishonesty was unethical, the legal consequences for not disclosing such information on an employment application are not as severe as those related to HIPAA or CJIS forms. Failing to disclose prior convictions on those forms could result in felony charges and civil penalties for our company.
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