May

Job Descriptions & Background Checks for job Applicants

Do you have a detailed job description? Do you conduct a background check on prospective employees? An employer should ask a prospective employee to fill out a job application that includes a request for work related references, and provide a detailed job description. The application or job description should state whether a background check will be conducted, what it will include, and, if more than a reference check, obtain the applicant?s consent to perform the particular type of background check, drug test or pre-employment physical. A word of caution, a drug test, pre-employment physical and the type of the background check should correspond with the job duties and responsibilities of the position and business necessity. For example, requiring a credit background may be prohibited, unless the job requires financial responsibilities, such as a bookkeeper. Should you conduct a criminal background check? Existing law prohibits both public and private employers from asking an applicant for employment to disclose, either in writing or verbally, any information concerning an arrest or detention that did not result in a conviction. Will the applicant be working with children, be going into customer homes, or some other sensitive type position that would warrant or require to check for a criminal conviction? It is best not to conduct a background check concerning drug testing or the conviction history of the applicant until it has determined the applicant meets the minimum employment qualifications, as stated in the job description. A job offer can be made contingent upon a successfully passing a background check. However, if it is discovered that the applicant has a criminal record, be sure that there is job necessity to exclude this applicant. Discrimination lawsuits have been filed against employer for automatically excluding applicants with a criminal record without considering the nature of the crime, the time elapsed and how it relates to the job. Allow for an individualized assessment and provide the applicant a copy of the report, so that the employee has the opportunity to dispute it, in case of error. The same goes with a positive drug test, allow for the possibility of a false positive, due to, for example, a prescription drug.

Each Month we will provide a Legal related "Tip*" on various subjects.  While these tips cannot take the place of legal advise from attorney, as they are general innature, they will provide you with some information to review and consider whether you may need to seek legal advise, based on your particular situation.  

*This information is not intended as legal advice.  Please see our Disclaimer.

 

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Tom Boyd, President
Boyd & Nicholas


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Lawyers, Attorneys, Legal Services, Law Firm, Employment law, Business law, Fritz law Offices, Fritz law office, Santa Rosa Attorney, Sonoma County Attorney, Bilingual Attorney, California, represents employers, represents businesses, Employment Attorneys          Theresa Fritz has been La Tortilla Factory's HR attorney for over 25 years. Theresa has always been accessible, quick to respond, and knowledgeable in the ever changing HR arena.  . . . I am happy to recommend her . . . for your Buinesss Lawyers, Attorneys, Legal Services, Law Firm, Employment law, Business law, Fritz law Offices, Fritz law office, Santa Rosa Attorney, Sonoma County Attorney, Bilingual Attorney, California, represents employers, represents businesses, Employment Attorneys

Carlos Tamayo, Board President
La Tortilla Factory

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Alliance Cooling Products & Construction

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Frank Figone
California Olive Oil Co.


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Jammey Feith  
Titan Protective Services & Training 

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Lawyers, Attorneys, Legal Services, Law Firm, Employment law, Business law, Fritz law Offices, Fritz law office, Santa Rosa Attorney, Sonoma County Attorney, Bilingual Attorney, California, represents employers, represents businesses, Employment Attorneys          Theresa has been an indispensable source of sound advice and counsel. She is calm in the face of challenges, and has provided the assurances and legal product needed to manage the risks independent businesses faceLawyers, Attorneys, Legal Services, Law Firm, Employment law, Business law, Fritz law Offices, Fritz law office, Santa Rosa Attorney, Sonoma County Attorney, Bilingual Attorney, California, represents employers, represents businesses, Employment Attorneys

Bruce Lundquist, 
Rack & Riddle Custom Wine Services

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Catherine Maynard
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            . . . Theresa brought a thorough understanding of the issues, researched a solution and successfully navigated us to success . . . she has always provided us with professional, practical and rational advice - she has been a bright star in the legal profession

Dominic Scotto, President
From the Heart Senior Services 

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