What to Do If an Employee Has a Criminal Record?

Criminal Record

What would you do if you found out your new employee has a criminal record?

It is not uncommon for employers to hire someone before a criminal background check has been completed. Many employers take their candidate’s word that they do not have a criminal record in the past five years seriously. But what do you do if it turns out they have a criminal record for some serious charges six or seven years ago? When dealing with this situation, it is important to remember that not all criminal convictions are created equal. While many felony convictions may disqualify a candidate from a position, it should depend on the type of job the person is applying for as well as the type of conviction. So how do you make the decision to either terminate your employee or to keep them on? Read on to find out.

Does the Conviction Warrant Company Separation?

The first thing you should decide is if the conviction warrants a separation from the company. Would terminating the employee go against the Equal Employment Opportunity Commission’s phraseology of a “job-related and consistent with business necessity?” You will need to evaluate whether the nature of the conviction might negatively impact the employee’s ability to do their duty in a satisfactory manner. For example, if your employee was convicted of check fraud but the position does not require dealing with money, then it may not warrant the company separation. But if the employee was convicted of assault and the person is working with others, it may warrant a separation. If the position also requires certain qualifications and the employee is unable to fulfill them, it could lead to termination. For example, if the position requires the employee to obtain a security clearance but they are unable to do so because of their conviction, it can be cause for termination.

Complying with the Fair Credit Reporting Act

If you decide to terminate the employee because of the nature of their conviction against the nature of the position, your employee actually has the right to defend themselves. Under the Fair Credit Reporting Act (FCRA), an employee whose background checks turn up negative has the right to notice before termination and the opportunity to dispute the adverse findings before they are terminated. This intervening period is designed to allow the employees the opportunity to correct or dispute the negative information. The FCRA requires the employer to provide both a pre-adverse action notice as well as a subsequent adverse action notice if an employer has decided to proceed with termination or rescind the offer. You must make sure the employee is given the proper documents, forms, and the appropriate FCRA protections afforded to them by law.

It is important to make sure your company is hiring and terminating people fairly. Just because a person has a conviction does not mean they must be terminated. For more information on terminating or keeping an employee based on their criminal record, call AIR Pre-Hire today!

Criminal Record Reports WITH AIR PRE-HIRE

AIR Pre-Hire in Reisterstown, MD, conducts accurate and verified universal background screening, so you will have thorough background checks on your employees. Here at AIR Pre-Hire we don’t simply check the basic information, we dig deep to identify inconsistencies and make sure your potential employees (as well as existing employees) are acceptable for hire. This is the human element of our custom pre-screening service. You can count on us for timely, verified pre-screening and employee re-screening.

Learn more by visiting our website www.air-prehire.com or calling us at 1-800-469-4473. Check us out on Facebook, Twitter, Google+, and Pinterest as well.

Tags: , ,