Chapter 5.ppt - Employment Law for Human Resource Practice Chapter 5 Background Checks References and Verifying 1 Background Checks This process for

Chapter 5.ppt - Employment Law for Human Resource Practice...

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1Employment Law forHuman Resource PracticeChapter 5 Background Checks, References and Verifying
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2Background ChecksThis process for screening job applicants may include: Contacting referencesVerifying past employmentConfirming the candidate actually has degrees, licenses, etc.Checking driving recordsChecking for criminal convictionsExamining credit reports
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3Background ChecksAfter hiring, the employer must also obtain documentation verifying the employee’s right to work in the U.S.These activities raise legal issues, including:Negligent hiringDefamationCompliance with the Fair Credit Reporting ActCompliance with the Immigration Reform & Control Act
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4Employer Responsibility forEmployee WrongdoingUnder Respondeat Superior, employers are generally liable for harm to others caused by employeesacting within the scope of their employment:Their actions relate to the kind of activities they were hired to perform;The actions take place substantially within the workplace, during working hours;And serve, at least partly, the interests of employer.
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5Negligent HiringEmployers, like others, have a duty to exercise reasonable care in carrying out certain activities. If they fail, they may be guilty of:Negligent hiringBroader than Respondeat Superior because extends outside “scope of employment.”
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