Hiring Considerations For Employers

1. How can you find out if your applicant is a team player?

No one wants to hire employees who cannot get along with co-workers, are disrespectful, selfish, or create conflict. How can an employer find out if an applicant is not a team player? Seeing how the applicant treats the receptionist upon arriving for the interview and how they treat the waiter at the lunch meeting can be key indicators. Calling references provided by the applicant can lead to good information.  Also, asking around with colleagues and your network about people can surprisingly lead to great information about applicants. For example, it is amazing how many attorneys know of other attorneys in Los Angeles and how important one’s reputation is even in a large legal community like Los Angeles.

2. Do you follow-up with references provided by the applicant?

It is a good practice to follow-up with the applicant’s references provided. A Google search of the applicant can provide some great unfiltered information as well. I can hear attorneys and HR professionals groaning already about potential legal issues with conducting a basic Internet search of an applicant’s background. Generally speaking, employers are free to Google an applicant, but I’ll address this issue in more detail over the next couple of weeks as well.

3. Do you understand obligations when conducting non-criminal background checks?

When conducting a formal background check (i.e., not a Google search, but paying for a background check) on applicants and employees, employers need to review the applicable state and federal laws that apply to background checks. LinkedIn was sued previously for violation of the federal Fair Credit Reporting Act (FCRA) for certain background reports it generated for users of the site. In addition, under California law, the Investigative Consumer Reporting Agencies Act and the Consumer Credit Reporting Agencies Act could apply to background checks in the employment context. These laws are very complex, and employers should enter this area with the knowledge of their obligations before conducting background checks.

4. Do you understand state and local criminal history background check prohibitions?

Since January 1, 2018, California employers with 5 or more employees have been prohibited from asking an applicant to disclose information about criminal convictions. Many other states have similar ordinances. Once an offer of employment has been made, employers can conduct criminal history background checks, but only when the conviction history has a “direct and adverse relationship with the specific duties of the job,” and requires certain disclosures to the applicant if employment is denied based on the background check. In addition, local governments, such as Los Angeles and San Francisco have implemented their own prohibitions on criminal history checks, and employers must also comply with these local requirements. Don’t forget about the prohibition on asking an applicant about their salary history in California and many other states as well.