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Legal Implications of Hiring a Person with Criminal Background

Employment opportunities are competitive, and most employers utilize background checks to help sift through the groups of qualified applicants, mainly to eliminate risks to the company. However, just because an individual has a criminal past does not make the unsuitable to be hired. Depending on the type of violation, the employer can further interview the prospective employee to find out more about their criminal past or convictions. Especially if one’s criminal background is directly related to the position at hand, then the employer may choose to pass over the applicant. It is important for employers to keep in mind that people deserve second chances, and it could mean changing someone’s life for the better by giving them an employment opportunity that they truly deserve. Unfortunately, employers simultaneously must balance the best interest of the company or business that they are hiring for which can get a bit tricky. There certainly are legal implications associated with hiring an individual with a criminal background, and it is critical to be informed about these potential legal issues before you take any further steps in the hiring process. Here is a little more information about what it means to hire someone with a criminal past:

Why a Background Check is Important

Many companies utilize background checks as a way to pre-screen employees to assess the level of risk to the business atmosphere. Knowing about your employee’s past is critical in order to determine the level of risk they pose to the company, including any threat of danger to other employees or harmful situations that could leave the company in a precarious legal situation. Background checks allow employers to get a better understanding of applicants’ history of: violence, substance abuse, or legal matters that could directly pertain to the job position in question, such as embezzlement and shoplifting. Background checks help to protect your business, your company, and your other employees.

Some Legal Implications of Hiring

Hiring someone who has a criminal background is not necessarily taboo or frowned upon; in fact, research has shown that individuals who have a criminal past are actually more likely to not risk or jeopardize an employment opportunity, making them even more loyal and dedicated employees to work with overall. However, many employers realize that this isn’t always the case, which brings the need to screen employees before investing in them fully. The legal implications of hiring a person with a criminal background could mean that the employer assumes the responsibility of that employee’s actions while at work. For instance, if an employee is pre-screened and has a criminal past associated with amphetamine use, then shows up to work under the influence and causes harm to another employee at work, the legal responsibility could fall on the shoulders of the employer.

Things to Consider

When hiring someone with a criminal history, there are general things you should consider in order to best protect your business while simultaneously maintaining a level of fairness toward prospective employees. First, consider the offense itself; how severe is it and what are the implications of the offense? Second, how long has it been since the event occurred or the individual finished their sentence? And third, does the position at hand entail any skills or demands that could be linked to their prior offense? These are all important questions to ask yourself when conducting background checks. Although these individuals could potentially pose a risk to your company, it is also critical for the better of society as a whole that they are given an opportunity to explain their past and be treated with equality and fairness.

Criminal Background Check

How We Can Help

At Affordable Background Checks, we offer an extensive variety of background check services for our clients. Employee pre-screening is an opportunity for you to eliminate risks and legal issues for your business, but it is also the first step in a process of discovering more about another individual. We never lose sight of the fine balance between protecting both companies and the individuals who are hired; therefore, we uphold an ethical duty to provide our clients with background checks that will help them make more informed decisions about who they hire. For more information about the services we provide, check out our website more thoroughly or contact us directly. We look forward to helping you make those tough hiring decisions.

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Gavin Muirhead

Gavin Muirhead has been involved in developing products for background checks and improving online experiences in the background screening industry since 2012. He is the lead author and editor of Affordable Background Checks.