Employment Background Checks

Why do employers want to check your background? It could be for one of several reasons. If government security clearances are required for the job you are interviewing for, an employment background check may be required. The employer may want to make sure you are telling the truth. It's estimated that up to 40% of resumes can contain false or tweaked information, so, employers want to insure that what they are getting in an employee is what they were promised. The employer may perform a background check to find out whether actually graduated from the college you said you did or to confirm that you worked at your previous employer(s) during the time stated on your resume or your job application.

Background Check Information

What's included in an employee background check? The Fair Credit Reporting Act (FCRA) sets the standards for screening for employment.

The FCRA defines a background check as a consumer report. Before an employer can get a consumer report for employment purposes, they must notify you in writing and get your written authorization. If the employer is simply conducting inquiries (rather than running reports) they should also ask for your consent. That way you could withdraw your application if there is information you would rather not see disclosed.

If an employer decides not to hire because of this report, they must give you a pre-adverse action disclosure that includes a copy of the report and a copy of your rights. They must then give you notice that they have decided not to hire you and let you know the name and address of Consumer Reporting Agency and information on your right to dispute the report.

At a minimum, a background check willverify your social security number. At most, it can include an analysis of your work history, the people you know, along witha full credit report. It can also include your credit payment records, driving records or criminal history. The inquiries should be related to the job. For example, if you are hired to work in a bank, it would be reasonable to find out if you have a history of embezzlement or theft.

Background Check Privacy

What can't be included in a background check? Thereis some information that cannot be disclosed under any circumstances. School records are confidential and cannot be released without the consent of the student. You cannot be discriminated against because you filed for bankruptcy, however, bankruptcies are a public record, so, it is easy for employers to obtain the information. Laws vary on checking criminal history. Some states don't allow questions about arrests or convictions beyond a certain point in the past. Others only allow consideration of criminal history for certain positions.

Employers cannot request medical records and may not make hiring decisions based on an applicant's disability. They may only inquire about your ability to perform a certain job. The same holds true for Worker's Compensation. The military can disclose your name, rank, salary, assignments and awards without your consent. Driving records are not confidential either and can be released without consent.

Be Prepared

The best way to prepare for a background check is to be aware of the information that an employer might find. Get a copy of your credit report. If there is erroneous information, dispute it with the creditor. Check your motor vehicle record by requesting a copy of your record from your state Department of Motor Vehicles. Ask your previous employers for copies of your personnel files. Make sure you know what your references are going to say about you.

Most importantly, make sure your resume and job applications are accurate and truthful. If you lie you might not get caught right away, but, you will probably get caught at some point. It's not worth not getting hired, getting fired and ruining your employment history because your thought your resume might need some enhancing!

Required Documentation for I-9 Form
I-9 Form Requirements

When hired for a new job, employees are required to prove that they are legally entitled to work in the United States. Employers are required to verify the identity and eligibility to work for all new employees. An Employment Eligibility Verification form (I-9 Form) must be completed and kept on file by the employer.

In addition, employees must present original documents, not photocopies. The only exception is an employee may present a certified copy of a birth certificate. On the form, the employer must verify the employment eligibility and identity documents presented by the employee and record the document information on the I-9 form.

Acceptable I-9 Documents

Employees are required to present either one of the documents from List A or one of the following documents from List B and one of the documents from List C.

List A (Documents that establish both identity and employment eligibility)

United States Passport
Permanent Resident Card or Alien Registration Receipt Card (I-551)
Temporary Resident Card (I-688)
Employment Authorization Document (I-766, I-688B, or I-688A)
Foreign Passport with temporary I-551 stamp
For aliens authorized to work only for a specific employer, foreign passport with Form I-94 authorizing employment with this employer

List B (Documents that establish identity only)

Driver's license issued by a state or outlying possession
ID card issued by a state or outlying possession
Native American tribal document
Canadian driver's license or ID card with a photograph (for Canadian aliens authorized to work only for a specific employer)

List C (Documents that establish employment eligibility only)

Social Security account number card without employment restrictions
Native American tribal document
Form I-94 authorizing employment with this employer (for aliens authorized to work only for a specific employer)

No I-9 Documentation?

An employee who fails to produce the required document, or a receipt for a replacement document (in the case of lost, stolen or destroyed documents), within three business days of the date employment begins, can be terminated.

An employee who shows a receipt has ninety days to present the original documents.