Background checks and your rights
Watch the video to see what happens.
Above all, don't panic. A data leak does not necessarily mean that you will become a victim of identity theft. Often, the breached company will offer the affected customers free credit monitoring service. We recommend that you accept this offer, but be sure to mark the date the coverage is scheduled to end. Call the company and confirm that you no longer want the service, if that indeed is your decision upon the expiration of the free service.
Otherwise, you could end up being charged for the service after the free subscription period has ended.
Data Breaches. The first step is figuring out what type of information was exposed: Social Security numbers — In breaches where Social Security numbers are exposed, new account fraud is possible. New account fraud occurs when a criminal uses your Social Security number to open a line of credit and goes on a spending spree.
To protect yourself from new account fraud, we recommend you order your credit report and request a fraud alert immediately, monitor your credit report regularly thereafter and consider a security freeze. A security freeze provides the greatest protection from identity theft, but may not be the most convenient choice for everyone.
Credit and debit card numbers — With your credit or debit card number, a thief could commit existing account fraud. It's also a good idea to review the laws of your state and municipality regarding background reports or information because some states and municipalities regulate the use of that information for employment purposes. In all cases, make sure that you're treating everyone equally. It's illegal to check the background of applicants and employees when that decision is based on a person's race, national origin, color, sex, religion, disability, genetic information including family medical history , or age 40 or older.
For example, asking only people of a certain race about their financial histories or criminal records is evidence of discrimination. Except in rare circumstances, don't try to get an applicant's or employee's genetic information, which includes family medical history. Even if you have that information, don't use it to make an employment decision. Don't ask any medical questions before a conditional job offer has been made. If the person has already started the job, don't ask medical questions unless you have objective evidence that he or she is unable to do the job or poses a safety risk because of a medical condition.
If you get background information for example, a credit or criminal background report from a company in the business of compiling background information , there are additional procedures the FCRA requires beforehand:.
Dos and Don'ts for Employee Background Checks
Any background information you receive from any source must not be used to discriminate in violation of federal law. This means that you should:. When taking an adverse action for example, not hiring an applicant or firing an employee based on background information obtained through a company in the business of compiling background information, the FCRA has additional requirements:. By giving the person the notice in advance, the person has an opportunity to review the report and explain any negative information.
Any personnel or employment records you make or keep including all application forms, regardless of whether the applicant was hired, and other records related to hiring must be preserved for one year after the records were made, or after a personnel action was taken, whichever comes later. The EEOC extends this requirement to two years for educational institutions and for state and local governments.
If the applicant or employee files a charge of discrimination, you must maintain the records until the case is concluded. Once you've satisfied all applicable recordkeeping requirements, you may dispose of any background reports you received. However, the law requires that you dispose of the reports - and any information gathered from them - securely. That can include burning, pulverizing, or shredding paper documents and disposing of electronic information so that it can't be read or reconstructed. Industry Specific Solutions. Online Safe Hire Course.
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- What's Legal in an Employee Background Check?.
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- Checks employers can make on job applicants.
It all depends on the types of services the employer is requesting and how the information for those services is obtained. The vast majority of criminal records background checks are completed within 24 to 72 hours of receiving the order, some courts have special procedures that may delay the results.
Background Check FAQs Support for Applicants, ESR
Verifications of employment, personal and professional references sometimes go beyond the hour window due to the nature of the manual process of making telephone contact. Where international services are part of the background check, it can take an additional week or more to get the results.
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Yes, without question. In fact, if you go through the online applicant process, you will receive one automatically. Regardless of how the background check is initiated, you can call us at at any time to request a copy, and we will get it to you without delay. The state of issue, the DL number, license type, current status, restrictions and violations over the last 3 to 5 years.
Online information: Legal
Type of license, license number, issuing agency, current status, restrictions, and any other actions taken against the license. To dispute the completeness or accuracy of information found on your background check report, call and ask for the Dispute Department. We have trained specialists who are ready and willing to help you through the process. If you feel something is incorrect in your report, we will contact our employer client to let them know the report is being disputed, and we will endeavor to resolve the matter without delay.
Although we have 30 days to process your dispute, the vast majority are settled within 5 business days. Yes, your information is safe! Here are some important points surrounding the security of what you provide to ESR. ESR is committed to getting your background check completed as quickly as possible.
Our Applicant Portal enables real time notifications if we need additional information to process your background check. Just because you have a criminal record in your past does not mean you will not get a job.