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Frequently Asked Questions
What is a background check?
A background check may consist of the following various components:
Employment/Work Verification -
A work history report verifies an applicant's most recent employment to ensure place of employment, duties and responsibilities, etc., are factual as stated on the application. There is no limit to the number of previous employees an applicant may list, and there is no additional charge per previous employer.
Criminal History Search -
A criminal history search investigates a potential employee's arrest record(s) and conviction record(s) at the federal, state, and local levels, if any. We include a sexual offender search and SSN verification as a standard part of our criminal background screening process.
Civil History Search -
A civil history search seeks out and reports all federal civil litigation matters brought before the courts, including workers' compensation suits.
Motor Vehicle Report -
A motor vehicle report (MVR) includes an individual's traffic and accident history during the last seven (7) years and is available in all fifty states.
Credit Report -
An individual's credit report is a proficient indicator of the character of an applicant as well as a measure of his/her ability to manage the company's broad responsibilities as it relates to handling monetary instruments.
Education (if upper education is identified) -
Upper-level education verification confirms an applicant graduated from an institution of higher learning as stated on his/her application.
Bankruptcy Filings -
This report delivers information related to call types of commercial bankruptcy, including Chapter 7, 11, 12, and 13.
DOT Previous Employment Drug/Alcohol Verification -
This verification confirms the previous drug/alcohol testing results of regulated employees. The reports substantiate positive and negative testing results as well as testing refusal.
Professional License Verification -
Provides the type of professional license issued, date and state of issuance, expiration date, and any restrictions for CPAs, attorneys, educators, medical professionals, or any other licensed individual.
National Driving Records (Regulatory Driving Positions) -
These records will disclose any information reported by the states in the last 3 years regarding individuals who have had their licenses suspended or revoked, or who have been convicted of serious traffic violations, such as driving while impaired by alcohol or drugs.
DOT Safety Questionnaire & Compliance Summary -
A DOT Safety History Questionnaire and Compliance Summary validates an individual's previous safety record and drug/alcohol testing results.
U.S. Department of Homeland Security Employment Authorization Report -
The USDHS authorization report matches an individual's personal identification factors in the USDHS Database and in the Social Security Administration Database. Reports will show the following information dependent upon authorization status:
Work Authorized - individuals who are natural born citizens of the United States; individuals who are
Permanent Resident Aliens living in the United States; individuals who are Temporary Resident
Aliens (with work authorization)
Tentative Non-Confirmation - information presented on documents does not match SSA records on file; applicant is
required to resolve the issue with the Social Security Administration
Watch List - individuals who are being watched for suspicious activity by federal authorities; reports of this nature are
not forwarded to requesting company, but Intrepid Security Group, LLC notifies the proper authorities
DHS/DOD Hold - individuals who are being actively searched for by federal authorities; these reports are not forwarded
to requesting company, but Intrepid Security Group, LLC notifies the proper enforcement agencies
Do I have to have my applicants sign a release to conduct a background check?
No. The Fair Credit Reporting Act (FCRA) does not specifically say you have to have a signed release form. It just states that you must notify the applicant/employee. However, it is highly suggested that a release form be signed in order to protect your company from unnecessary risk. FCRA, as amended, requires that any person or company that is going to conduct a background check for employment purposes must notify the applicant in writing of their intention.
Do I have to release the report to the applicant?
If your decision not to hire an individual was based on information in the report then you must notify the applicant of such and make available to them the name, address, and telephone number of the reporting agency used.
What if I conduct a background and information supplied by a former employer is proven false? Am I liable?
The answer of that question lies in the FCRA Title 18, which states any person that knowingly obtains information under false pretenses shall be fined. The courts have further ruled that an agency must be prudent in obtaining information. To summarize, if you knew the information was false then you would have a legal obligation. However, if the information collected was from reliable sources - credit bureaus, former employers, court records - then the burden falls back onto the applicant.
Can I be sued for releasing employment information on a current of former employee?
Employers can release employee information as long as it pertains to the employee's performance history. Inflammatory remarks should not be made unless there are records to prove your statements. For example, you cannot say that an employee was terminated for theft unless an arrest was made and a plea or guilty verdict was entered. You cannot release personal medical information such as from a group health policy. Workers compensation information can be released along with drug testing results. Always ask and have faxed to you a signed release that states you will be held harmless from releasing information.
Can I obtain past drug and alcohol tests from former employers?
Yes. You will still need a release from the applicant to obtain this information which the DOT has available. Even if you are not promulgated under the DOT you can still obtain past drugs and alcohol testing from an applicant/employee former employers as long as you have proper releases.
Do I have to release drug and alcohol testing information to my clients?
In most cases, yes. If you work for an oil and gas operator and they require you to fall under the Department of Transportation, Research and Special Projects Administration (RSPA) rules of the OPS then you have to supply to the operator upon request the testing information. This is also the case for FAA and FHWA employers.
If an applicant falsifies his or her application and I made an offer of employment before I knew of the falsification, do I still have to hire that person?
No. As long as you can demonstrate that the offer was conditional based upon a completed background check, physical, and/or drug screen, then you can withdraw your offer of employment. Even after you hire a person and you found the application to be false, you have grounds for dismissal.
I have been told that the state has a central system for researching criminal histories. Is this true?
The state has a database that is run by the state police, which holds arrests - BUT NOT ALL ARRESTS. The state police, state fire marshal, and some other state agencies have access to this information. The general public does not have access to this information nor can this system be used by employers for conducting criminal histories unless authorized by statute as in the case for installers of burglar alarm systems and health care workers for the elderly.
A friend of mine says they have a friend in the police department and they get criminal reports from them. Can they do this?
This is illegal and the police officer running these reports can not only be fired from his or her job, but can also be held liable in civil court for providing information about a person.
Can I use a person's arrest record for hiring decisions?
Yes. An arrest records is a general indication of a person's behavior. Behavior is not covered or protected under ADA or general labor laws. There are some elements that should be considered when using arrest records for hiring decisions. Your Account representative can discuss those in detail.
Can I obtain medical information about an applicant through an employee background check?
Generally, yes, as long as you are verifying the applicant/employee work history and character.
Can I deny employment based on a previous medical condition?
Generally, no. If the previous condition can be reasonably accommodated without creating a financial or safety burden on the company or other individuals that work for the company, then the company has no basis for refusing to hire the individual.
Is carpel tunnel syndrome a reportable injury?
No. Carpel tunnel syndrome is a disease. Recently the American's with Disability Act has ruled that carpel tunnel syndrome is a disability covered under the Act.
Is my company required to have an employee benefit handbook?
No. There are no statutes that require an employer to have a handbook on employee benefits, but it is a good business practice to help avoid misunderstandings and improve communication.
Is my company required to issue an employee drug/alcohol policy if they conduct drug/alcohol testing?
Yes. The policy should clearly state the types of tests to be conducted, which regulation being followed, if any, and resources should be made available for employees to contact anonymously if they feel they have substance abuse problems.
Do I have to offer rehabilitation to employees that fail a drug test?
That depends. Certain government bodies require you to offer rehabilitation, but this does not mean the company has to pay for such rehabilitation. If you are doing what's known as non-DOT testing then rehabilitation does not have to be offered.
Am I required to have job descriptions?
There are no laws stating an employer must have job descriptions, but it is highly recommended in today's business environment. Remember that a job description should not only outline the duties of the particular job but also address title, department, location, purpose, responsibilities, and position within the organizational hierarchy, education requirements, work experience requirements, required skills or abilities, and physical requirements.