Why You Should Consider Continuous Background Checks

June 19, 2019 Mark Bogner Uncategorized

Performing background checks on potential new hires has become almost a standard procedure for many businesses. Most of them would agree that it’s a critical step to ensure you are making the right hiring decision. Background checks help protect your business, customers and employees. But have you considered implementing continuous background screenings on your current employees? If a background check could help to reveal critical information made for a hiring decision, then it goes to follow that the same information would be important to know on your current employees. According to Gartner, an industry research analyst firm, 80% of insider threats can be caught by monitoring employee’s current background and behaviors.

The future of Human Resources is evolving to include the responsibility of HR to limit insider risks. When you use a ride service like Uber and get into a stranger’s car, it’s more important than ever to rest assure that the company is continuously monitoring their drivers to ensure no driving infractions or criminal activity have recently taken place. This doesn’t provide absolute guarantee, and it will not indicate a person in question prior to any recorded offenses. However, it does give more recent insight into the behavior of current employees.

Employers need to be aware of the potential legal consequences for negligent retention lawsuits, especially following the #metoo movement. Inside threats could position businesses to face multiple lawsuits if they are not properly addresses in a timely matter.

Businesses need to consider their current policies and make sure they get the proper consent and are legally compliant with local and federal laws prior to the roll out of a continuous screening program. Employers need to make sure that background check forms clearly state that an employee may be re-screened on a regular basis throughout their employment – commonly referred to as “continuous authorization”. Signing one authorization one time at the outset of employment is generally accepted under federal law, however – it is not necessarily permissible under state or local law. Particularly in California, there has been litigation as to whether continuous authorizations are permissible, versus authorization each time a background check is performed.

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