Graham Staffing Services, Inc.

The types of background checks companies choose to perform is largely dependent upon their line of business, staffing needs and the expense involved. Some may say that more information is better, but sometimes “more” may just mean more time and more expense.

Whatever determination you make, maintain a consistent approach in order to prevent possible discriminatory practices. Check all employees or those with a legitimate business reason, like all company drivers. Don’t be selective. Following are some of the basic background checks that should be considered.

Prior Employment

At the very least, all companies should be doing reference checks on applicants. Offers can be made prior to phone calls being placed, but candidates should be aware that offers are contingent upon successful results of reference and background investigations. Statements that convey this message should be included on applications and always signed and dated by the applicants. Applications are considered legal documents. (See sidebar for a good example of an authorization and acknowledgement of information to use on applications.)

Besides asking for confirmation regarding position titles, dates of employment, salary and whether or not the applicants are eligible for rehire, companies should be asking for specific information about performance on the job both in terms of quantity and quality, lateness and absenteeism, and both employee strengths and areas for improvement. Most human resources departments will only confirm minimal information, so it is better to call direct supervisors who are not as hesitant to divulge details. Smaller companies are often more willing than larger companies to give more in-depth information because they typically receive less human resource training. At least two references should be attempted on every candidate, but the hiring process should not be held up waiting for responses. Therefore, good judgment on hiring decisions is crucial.

Education

Unless positions require some level of schooling, training or certification, most companies do not check school records. Legal and medical professions are more inclined than garden centers, growers and landscapers to require such information. Positions that only require a high school education or G.E.D. (a growing trend saved for another conversation) are not usually subject to further verification.

Credit History

Likewise, credit checks are often performed for bank employees, folks in the financial industry and those responsible for handling large volumes of cash or negotiables, but are not normally necessary for seasonal cashiers. People in poor financial standing or who have declared bankruptcy, embezzled money or written bad checks may pose risks to some institutions, but rarely to green-industry businesses.

Criminal History

Criminal background checks are utilized more frequently than credit checks. They tend to uncover more information that is pertinent to business owners because they expose candidates who have been convicted of criminal acts. While bonding and insurance offer protection, they do not cover people with known convictions, so you may have to consider rescinding offers or terminating employees who have records.

Criminal background checks can be performed through the state or third-party vendors, but can be expensive and time consuming for companies in our industry due to the seasonal nature of our business. Independent garden centers, unlike large corporations, are not able to get volume discounts. Some information can be obtained for free. For example, I work for a garden center in Maryland, and here, we are able to use the Maryland Judiciary Case Search. Companies need to determine whether or not they think they’ll get a reasonable return on their investment when making these decisions.

Driving Records

Motor vehicle records should be checked for all employees who drive company vehicles or who use their own vehicles for business purposes. In Maryland, employees may obtain copies of their own records from the Motor Vehicle Administration (MVA) for approximately $10. Employers and third-party vendors may obtain the same information as long as a letter of authorization is signed by the employee and submitted to the MVA along with the request. Some insurance carriers will provide the information as well.

Drivers licenses are not required to obtain jobs. The Form I-9 that is filled out to verify eligibility for employment offers several alternatives for providing identification. Keep copies of drivers licenses to verify possession, validity, and expiration.

Don’t let the new guy take the company van to the bank to deposit the $1,000 check if you don’t know his history and whether or not he even has a drivers license. (This is a true story from my life as a branch manager in the temporary staffing industry. The money was never deposited and the temporary employee never returned with the vehicle.)

Drug Tests

Drug testing is typically performed either pre-employment, random, post-accident or some combination of the three. Whether or not companies choose to perform drug tests on all of their employees is a matter of preference. However, the U.S. Department of Transportation Federal Motor Carrier Safety Administration requires physical examinations for anyone driving commercial motor vehicles 10,001 pounds or greater and drug and alcohol testing for all employees who are CDL licensed.

According to the Department of Transportation, drivers holding Class B licenses are required to submit to alcohol and drug testing if they are involved in accidents in which there are fatalities, they receive citations for moving violations, there are bodily injuries requiring medical attention away from the scene, or one or more of the vehicles involved has incurred disabling damage as a result of the accident and requires a tow away.

The Best Choice: Be Consistent

It seems only natural that employers who dig the deepest will be the ones able to obtain the most information about candidates and will be the companies able to make the best hiring decisions. Or does it simply mean that those applicants have never been convicted of a crime or caught with drugs in their system?

Clearly there are many factors companies need to take into consideration when investigating backgrounds. The scope and depth of investigations should be based on business factors such as what is reasonable, feasible, legal (you must comply with the Fair Credit Reporting Act and obtain consent in addition to providing disclosure information as well as a summary of rights) and ethical.

For the most part, consistency in your hiring practices is the best form of protection against liability regarding discrimination. Good recruiters and interviewers can get an amazing amount of information about candidates just by asking the right questions, being persistent with questioning, and doing reference checks. The optional steps employers choose to take are as individual as choosing the candidates themselves.

Only you can decide how well you should know your employees. Follow your instincts.