Checking Education Records

Educational credentials are frequently misrepresented on resumes and job applications, because many employers don't check educational references. It's important to do it, though, to make sure that the applicant has the qualifications and background you want.

Common problems are the applicants' saying that they have a degree that they don't have, saying that they graduated from a particular school when they may have only attended it for a short time, or saying that they have a degree in one field when they really have a degree in another field.
Checking Driving Records

If your job opening requires any driving of a vehicle on company business, the applicant's driving record should be checked. By checking with the motor vehicles department, you'll not only get information about the applicant's driving record, but you can use it as a chance to verify the applicant's identity.

Where do you get driving records? Driving record information is available from a state's Department of Motor Vehicles. Generally, they keep records of:

    * all traffic violations
    * driving-related offenses
    * identifying information contained on the license

What information do I need to provide? Usually, the DMV will ask for:

    * full name
    * date of birth
    * address
    * license number

Be aware that sometimes the DMV will charge you for checking these records. The cost can range anywhere from $2.00 to $10.00 or more per record. Your DMV may require that you complete a certain form for the request. Before you send a request for a record, call your DMV to find out what is required.

How can I use driving records? While it may not matter that an applicant had a speeding ticket, a driving record check can reveal other more serious offenses. If an applicant's license is suspended or expired, how can that applicant legally perform a job that requires driving?

 
Checking Criminal Records

 
You'll need to protect your business from liability by doing criminal background checks on applicants who will:

    * be bonded because of access to money or valuables
    * carry a weapon
    * drive a company vehicle
    * have access to drugs or explosives
    * have access to master keys
    * have a great deal of contact with the public, patients, or children
    * be filling a position that requires a criminal record check under state law

 
Checking criminal records is a sensitive issue.

    * There are legal restrictions under federal law and under many state laws as well.
    * Checking conviction records is generally permitted.
    * Checking arrest records is generally not permitted, except for special circumstances.
    * Our case study illustrates the reasoning courts may follow when evaluating whether a denial of employment based on criminal records was proper.

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Your company can be legally liable for negligent hiring if you fail to uncover a job applicant's incompetence or unfitness by checking their references, criminal records, or general background. You can be sued for negligent hiring for failure to become aware of an employee's unfitness for a particular position, or for subsequent failure to take any corrective action, such as training, reassignment, or discharge, to remedy the problem once you find out about it.

Particularly if you have employees who have or will have significant contact with the public, customers, patients, or children, you'll want to investigate these topics:

• What is negligent hiring?
• How can you avoid negligent hiring claims?

In order for a customer, employee, or other third party to prevail in a negligent hiring suit against an employer, the following must generally be shown:

• the existence of an employment relationship between the employer and the worker
• the employee's unfitness
• the employer's actual or constructive knowledge of the employee's unfitness (failure to investigate can lead to a finding of constructive knowledge)
• the employee's act or omission causing the third party's injuries
• the employer's negligence in hiring the employee as the most likely cause of the plaintiff's injuries

If you are ever served with a negligent hiring lawsuit, the first step you should take is to call your lawyer. In fact, that's the first step you should take any time you receive legal papers. But it's especially important when you're sued to call a lawyer immediately because you have a certain number of days to file an answer to the lawsuit. The number of days that you have will vary depending upon where the suit was filed, but you could have as little as two weeks to respond.

If you are served with legal documents and you don't have a lawyer, you should find one right away. Once you have a lawyer, he or she can tell you more about your chances for winning or losing the lawsuit.

Reasonable investigation duty. You have a duty to make a reasonable investigation of an applicant's fitness before hiring. The extent of the duty may vary with the circumstances.

You can be held liable if:

• You didn't do a background check.
• You hired an employee you should have known (through proper checking) was incompetent or unfit.

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Suspicions can be answered through a thorough investigation. A suspicion is an act of suspecting someone without any proof or evidence. So unless you don’t have any proof you cannot make judgments to a certain person. So instead of thinking all day long and fearing because of suspicions, you need to do something for you to make enough conclusions and somehow prove that you are not just thinking of mere suspicions.

So, what you need to do is to make investigation for you to further understand the actions of the certain person. You might have heard a lot of rumors about a certain person but this will just be rumors until proven true with enough and reliable source of evidence. So if for example, you are suspecting a person who is acting strangely that he or she is hiding something.

A criminal check can give idea and information about a certain person. You can use this idea in making judgments. You can have the idea if a certain person is enough for you to be trusted. So by the time that you suspect someone, better do a criminal check.

It is nothing but normal that it will be hard for you to trust this person. You may not know that a certain person is guilty of any criminal acts in the past or already have criminal records in the past. However, you need to find out if what you think is really true, you need to have evidence out of it.

You will have the idea of the different modus operandi of a criminal and thru that, it will be helpful for you to recognize criminals. Watching the news can somehow help you because thru this, you will be able to update yourself to what is happening around you.

Prove Your Suspicions With Criminal Records Search

It will give more concrete information about a person. You will be able to retrieve this to your local county office or via online. So you might just search criminal records because checking criminal records will give you information to prove your suspicions.

Checking criminal records can give you information that you might not expect, however, this will be very helpful for you to finally check if someone near you has a criminal record you need to be scared of.

So, in doing a criminal record search you need to be ready for whatever results you might retrieve. Searching for criminal records is not easy because information in this record is very confidential and may contain data that are very sensitive.

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