Conducting Background Checks

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 85 Min. Audio MP3 - No shipping cost
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Benefits

An ever increasing number of employers are recognizing the benefits that can be derived from conducting background checks on both current and prospective employees. While background checks can be an effective tool for weeding out questionable employees, legal limitations on how such checks can be performed (and how the resulting data discovered can be used) must be understood or otherwise an employer will find themselves defending against their own illegal actions. This teleconference will discuss generally the kinds of background checks that can be conducted by employers and will likewise address the various legal restrictions imposed (primarily under federal law) for conducting background checks. Lastly, any applicable prohibitions on how acquired background information can be legally used for the benefit of the employer will be addressed.


Agenda

Types of Background Checks
  • Criminal Background Checks, Convictions and Arrests – State and County Levels
  • Multijurisdictional Criminal Background Checks
  • Federal Record Search
  • International Criminal Records Search
  • Child Abuse History Searches
  • Sexual Offender Searches
  • Motor Vehicle Record Searches
  • Terrorist Watch Lists
  • Credit History
  • Current Address Searches
  • Education Verification
  • Professional License Verification
  • Drug and Alcohol Testing
  • Employment Eligibility Verification (I-9's)
  • Employee Job References
Legal Limitations on Background Checks
  • Federal Fair Credit Reporting Act
  • Common-Law Privacy Restrictions and Other Statutory Limitations on the Use of Criminal Conviction and Arrest Records
  • The Civil Rights Acts of 1964 and 1991 and Other Anti-Discrimination Laws
The Downside of Not Performing Background Checks
  • Claims of Negligent Hiring of Employees
  • Claims of Negligent Retention of Employees
  • Other Possible Common-Law Tort Actions

Faculty

Ralph R. Smith III, Esq., Duane Morris LLP

Ralph R. Smith III, Esq.
  • Special counsel in the Employment, Labor, Benefits and Immigration Group of the law firm of Duane Morris, LLP
  • Concentrates his practice in the areas of labor and employment law, and complex commercial litigation
  • Represented companies in all kinds of labor and employment-related litigation in the federal and state courts of New Jersey and Pennsylvania
  • Regularly counsels clients on issues of compliance with both federal and state employment laws, including those that impact the area of employee background checks
  • Lectured widely and written frequently in the field of labor and employment law
  • Has lectured at many Lorman Education Services seminars
  • Served as an adjunct professor at The Widener University Graduate School of Business, teaching labor and employment law
  • Member of the New Jersey Federal Bar Association; the New Jersey State Bar Association; the Historical Society of the U.S. District Court for the District of New Jersey; and the Camden County Bar Association, Labor and Employment Committee
  • Former barrister instructor for the Camden County Inns of Court; former board member and legislative chair of the Society of Human Resource Management, Philadelphia Chapter; and a qualified mediator for the New Jersey Superior Court
  • Undergraduate degree, Temple University; and J.D. degree Temple University School of Law
  • Can be reached at 856-874-4215 or at rsmith@duanemorris.com





These Materials are Designed For

Human resource managers, attorneys, recruiters, presidents, vice presidents and personnel managers

CD & Manual - CD Set with bound 12 page manual
Podcast - 85 Minute MP3 with 12 page electronic manual - Immediate Access and No Shipping Cost