Applicant Background

Question

I have a potential new hire that is currently going through the background check process.  We think he'll be a great fit for the company and are ready to move forward with hiring him.  However, a couple red flags have come up on his background check.  They are listed from over 10 years ago, and it appears there is nothing since then.  The business we are in is governed by the State and ethics is a big part of our position.  From getting to know him, I feel like I would just ignore the old stuff and move on.  However, I'm concerned about a potential audit by the State and his background being called into question.  My thought is to ask him to write up something that goes over what the issue was and how he resolved it; I would just keep this in his file and would have it available for the State if it should be brought up.  However, I'm not sure I can legally do that.  Is that a violation of his privacy?  Is it inappropriate for me to ask of him?  Would love to know all of your thoughts!

Sweet Caroline · Answer

I guess I would want to know more about these offense and if they impact your organizations ability to stay in good standing with the state.  For instance, if he is a teacher but had a past criminal conviction for abuse of a child, I would disqualify him.  If he was a teacher who had an embezzlement conviction, I may not have concerns, there is no opportunity for a teacher to embezzle.

If these are in any way related to a substance abuse or mental health issue such as a drunk driving conviction, I would generally raise them with the candidate and ask for some background.  Perhaps they had a substance abuse problem but have 10+ years of sobriety.  You wouldn't hold a previous medical illness against another person and substance abuse and mental health disorders should be handled the same way.

Barbara Jordan · Answer

I would ask. I had a team member who had a red flag on his background check. Turns out, it wasn’t even him. He was able to show all his proof and documentation, and we continued with the hire (so glad we did!). The documentation is all on file in case it ever comes up again. Not saying that is the case here, but I would think that, dependent on exactly what the red flags are and the circumstances, documentation should be enough.

Jennifer Taylor · Answer

I'm not sure about the laws, but could you ask him this, 'If we do hire you, would you be willing to explain in writing the past allegations and how you have changed since then?' You can further explain that with state ethics playing a part in the hiring decision, you need to have your bases covered in case of an audit. This protects both your company and him.

Anonymous · Answer

I have worked in the Financial Services industry for quite some years and it doesn't matter if something happened 10 days ago or 30 years ago, any arrests,convictions,lawsuits, etc have to go on a report and the information is PUBLIC if the person handles money.

I would ask HR about it before asking him.  If they don't have a problem with asking him and he is honest about the situation, I say go for it.  But I have seen where this has happened with people working for years but when an audit occurred, the were let go that day.

Gretchen Skalka · Answer

I think these are great points Jennifer, Sweet Caroline and Barbara make here.
I would need to know more about the infraction to determine the severity of potential impact to a position granted a decade later.

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