b'Background ChecksWho, What, Why . . . Who does it apply to: Any employer interested in protectingWillIneedconsent:UndertheFairCreditReportingAct, their business from the potential consequences of not doingconsent is required for criminal and credit background checks.background checks and some employers who are otherwiseThe military will not provide service records without consent.required to perform checks. Universities vary; some will provide a date of graduation and degreeearnedwithoutconsent,buttranscriptsarealmost What kind of checks are there: At first, you might just think of thenever provided without written consent. Always obtain a written basic criminal background check and verifying references, butconsent for drug testing regardless of whether it is required there are many types of checks to consider:because it is an invasion of privacy. Litigation/Bankruptcy: Does the person have a propensity to sue, and if so, for what? Should the person be handling yourWhat can I do to get better responses on references: I advise money if they have filed bankruptcy before? employers not to give references. There is no upside, and theEducation Verification: How many stories are there aboutdownside may be getting sued by a former employee. So, whatpeople who do not have the degree they claim? Universitiescan you do to pull some extra information out of a tight-lipped regularly get requests of this type. For their own protection,employer? Obtain a release from the applicant for the benefit the schools often require written consent. of his or her former employers. You can also pass along a copyMilitary History:What kind of a soldier was the person? Whatof Texas Labor Code Chapter 103, which provides immunity towere the circumstances of their discharge? employers who provide references as long as they dont sayDrivers License: Is this person going to drive one of youranything maliciously false. vehicles? Might they ever drive for work purposes in their own car? What if they have a bad history and get into aArethereproblemswithInternetsearches:Findingwhatis wreck? How will that be used against your business in court? said about a prospect can be helpful, but it is fraught with peril. Drug Tests:Do you want to put a worker out there who takesWhile searching, you may find your applicant listed as a deaconcocaine on the weekends?for their church. Without intending to do so, you just asked theLicensingBoards:Iftheemployeeislicensed,likeanquestion about your applicants religion. There are companiesattorney, have there been any complaints? How were theythat do a better job than just Googling to gather an applicants resolved?Boardsthataregovernment-affiliatedusuallyInternet persona and they sanitize the results of any protected will provide information without a written consent, but it isclass information to avoid you learning things you would rather not.worthwhile to have one ready.Googling:WhatdoesthepersonsInternetpersonalookHow can I access an applicants social media sites: Some people like? Are they the author of a blog that your clients might notpost their entire lives on Facebook or tweet everything that goes appreciate? on. This creates a huge body of semi-public information aboutSocial Media Reviews: What have they posted on Facebook?the person you might prefer your clients not see.For this reason,Twitter? What kinds of pictures do they post on Instagram? many employers are asking applicants to provide passwords soCredit Check: Can your employee handle their finances? Ifthey can review what the employee has posted. To combat this,not, what does that say about their ability to manage yourFacebook has instituted a rule that members cannot give out money? What distractions might money trouble bring? their password. While the rule is of no consequence to you, it does not send the right message to ask a prospective employee to violate their agreement with Facebook.7'