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Employment Law - Background screenings

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I work for a consultancy. Recently, one of our large clients has decided to pilot a new web based background screening process for all consultants on site, which my company has agreed to.

However, the nature of this screening has caused myself & my colleagues also on site with this client some concern. It seems that we are to fill in an online questionnaire which will then be passed to a third party investigative research company, who will then check the past 10 years of our emplyment history, address history, credit history, among other things.

Having viewed the questionnaire on line, my colleagues now agree with me in the rather intrusive nature of many of the questions, & we have put forward a list of the following conserns to our HR department:

Why our company has agreed to subject its consultants to an untested screening process as part of a pilot scheme, without prior consent or even consultation of its employees.
The apparent lack of a show of faith in our consultants - a reputable city consultancy, which the client has had a successfully relationship with for several years - & the background checking performed by our on its own consultants.
The relatively intrusive nature of questions posed by this 3rd party & associated concerns over investigative methods used.
Concern over the 3rd party company (which appears to have a domain name registered in the UK but no site behind it), its policies & methods.
Concern over potential lack of security of private information transmitted over the web (highlighted by the fact that this is an untested pilot scheme).
Whilst the signing of the relevant forms given to us appears to make us subject to our client's non-disclosure policy & background screening/conditions of employment, disciplinary, & standards & procedures, policies, does this then also make available to us their Dispute Resolution, Training & Development, Sabbatical Leave, Family Leave, Compassionate Leave, Working Flexibility, Equal Opportunities, etc. policies?
If not why are we selectively subject to the restrictive policies, yet do not have available any of the supportive policies or recourse in case of exposure to dispute or unfair treatment?
Does this mean, the Department Head/Programme Manager/etc. is no longer responsible for the decision as to who (contractors, consultants, etc.) is hired for a project by our client?
Does this also mean that we no longer answer to said manager, but also to the client's HR dept. now?
Therefore, are any further proposals subject to approval by HR in addition to the seeking manager? What are the associated implications?
How does the formal confidentiality agreement impact the ability of our consultants to retain deliverables generated on site, for use by our consultancy?
Who has ownership of the intellectual property rights, (e.g.) of utilities/documents/methods/processes, etc. developed on site?
The privacy policy of teh 3rd party?
Lack of a detailed list of exactly who/what Kroll will be checking (e.g. does the check extend to medical records, references from GP, bank records, LEA's, County Council's, etc?, & the methods they employ (e.g. will they be contacting credit card companies, credit ratings agencies, friends & family? Will contact take the form of letters, standard references, etc. or telephone interviews?).
What occurs in non standard situations, e.g. where former employers no longer exist, etc?
What exactly it is that our client are looking for during the course of the background check & what elements in their opinion would constitute a satisfactory background check, & what would not?

As none of these questions have as yet been answered by my company, & my personal experience with these types of checks informs me that often the 3rd party is unreliable at best, & commonly uses intrusive investigative methods - none of us here want to be subjected to this.

I was wondering if there was any advice or personal experiences TechRepublic members could share. In particular, what is the legal stance on this?

4 replies

by oldefar

Unless one of the TR posters happens to be a lawyer, specific legal advice is outside of the knowledge domain. I recommend you contact a local law firm that specializes in labor law.

If the cost of legal advice is outside your means, try the local legal aid society. A Google search should turn up an address and number for you.

An alternative may be to contact the CWA (Communications Workers of America) which has legal staff. Think through the advantages if all the consultants stand united on this versus each acting independently.

You have some very legitimate concerns in my humble opinion. I wish you the best of luck.

by generalist

When I hear about background checks and the like I wonder what measures are in place to ensure that the data is accurate, especially with the increasing amount of identity theft.

Credit records at least have a mechanism that allows a person to challenge the accuracy of the data posted. Background checks seem to lack such a mechanism.

You might want to suggest to the people in charge of the background screenings that employees should have full access to the data that directly concerns them because it would help avoid future lawsuits. Inaccurate data that leaks out of the company could lead to very expensive lawsuits involving libel and privacy.

by timwalsh

I would add several question to your list to be answered by your company:

What are the consequences for not participating in this "pilot" program? If a background check was part of your initial terms of employment, you may not have a choice as to whether or not to participate. Your company may also view this program as a way to get a more detailed background check accomplished with no cost to them.

What are the consequences should any adverse information appear as a result of this investigation?

Labor laws can vary from country to country and even state to state in the US. Oldefar's suggestion to consult an attorney specializing in labor law is a good one regardless of what country you are in.

By the way, you might want to check out www.krollworlwide.com as this sounds like the company that might be doing the investigation. If you check out their Background Screening Services page, it goes into a little bit of detail as to what is checked out and how.

by cactus pete

There's a d missing from the url, in case anyone needs it.

I like their headline "Kroll Completes Acquisition of Factual Data"

:)

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