Know the law: Background checks continue to trip up employers

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Background checks can be useful tools to uncover misconduct or dishonest behavior at previous jobs or outside of work, and to determine whether an applicant possesses the positive traits desired in an employee.

They can also be useful to avoid later claims of negligent hiring if things go wrong with a new hire.

However, the decision to use background checks should be carefully considered and implemented. If you don’t follow the rules, background checks can cause more trouble than they prevent. Your background process can also become the basis for a class-action lawsuit.

Originally published in New York Employment Law • May 2014.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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