By Mashum Mollah
A civil background check is a good way for an employer or hiring manager to learn as much about a future hire as possible. These types of checks allow companies to adhere to a safer hiring process. Making a new hire requires a lot of time and money, so adding background checks to the process is an important way to improve the hiring process and avoid making costly mistakes.
Understanding the History of the Employee:
When someone is applying for a job, employers have the right to do a civil court background check to understand if the potential employee has non-criminal suits under their belt. If the job applicant does have a history, the employer is better able to make a decision as to whether this is a person they would like to hire and bring into their company.
In the last few years, many legal experts suggest that employers should look out for prior restraining orders. Given the digital day and age we live in, there are several problems and issues that individuals go through. If someone who has come in for an interview has a prior restraining order conviction, you can rest assured that your organization will be better off without him or her.
What are some instances where a job applicant may have a claim on their record that should make an employer reconsider hiring the person?
There is a range of disputes and cases that could be cause for concern, such as small claims, cases with financial institutions, personal injury claims, bankruptcy, restraining orders, and violations of civil rights or federal regulations. Employers have the right to know if someone they may hire has a record with the US District Court in a case involving the local or national government.
Everything you need to know about Civil Searches:
Civil searches are a key way that employers can prevent risk and liability when it comes to hiring new employees. If an applicant has brought lawsuits against a business or an individual, the employer can explore the details of the lawsuit with a civil background check. They may rethink hiring someone who has a history of wrongful termination, tax liens, or other cases in their past.
As an employer, it’s important to understand the difference between a criminal background check and a civil background check. A criminal background check looks at a person’s criminal history to disclose if they have any misdemeanors or felonies in their past that was brought on by government prosecutors. Federal criminal records cover things like fraud, embezzlement, tax evasion, and mail fraud.
Unlike criminal background checks, the civil background check is looking at the person’s involvement in upper and lower courts. Many upper and lower court issues are of interest to employers because someone with a record of breaching contracts and involvement in lawsuits can pose a risk to the company if they were to hire this person. Civil court cases are brought on by alleged victims who claim that they were wronged by someone. In many instances, they are suing someone for wrongdoing.
A civil background check will give you a good idea about who you are hiring. The type of information that you gather from a civil background check can be valuable if you are looking to hire someone at your company. Knowing a person’s history as it related to civil court records is important because there may be some red flags that any employer would want to become aware of as they make a hiring decision.
Civil Background Check: What You Need To Know
While there are many different types of background checks a company can use during their new employee hiring process, don’t overlook the civil background check. There are background checks that disclose information to employers about a person’s criminal history as it relates to the country, state, or nation, driving records, whether they are on the sex offender registry, and even if they have any involvement in illegal activities such as acts of terrorism, substance trafficking, or money laundering.
Background checks like these give businesses peace of mind that they know who they are hiring. The civil background check is one of the popular options that hiring managers use to check if a job candidate may be a suitable fit for the job.
Civil Background Checks, Based on the Job
Many civil background checks tend to be one-size-fits-all!
However, different industries have unique civil liabilities that should be carefully considered. For example, if you’re hiring in healthcare, looking into civil malpractice suits is essential, yet these may not always show up in basic civil checks.
Similarly, for positions in finance, cases involving SEC violations or civil suits around insider trading are crucial. You can miss it, if you only conduct basic civil checks. This gap in screening can lead to hiring someone who poses a risk specific to your industry.
Lack of Emphasis on Frequency of Civil Cases
Another one is the frequency of civil lawsuits. If a potential hire has been involved in numerous civil cases over a short period, even if none were criminal, this could indicate a pattern of problematic behavior.
While most civil background checks will note if a candidate has been involved in a lawsuit, they rarely emphasize how often this occurs or over what timeline.
Tracking the frequency of civil disputes can offer a clearer picture of a candidate’s history of conflict. This could point to issues with teamwork, ethical boundaries, or compliance with company policies.
Missing Context of Civil Settlements
Civil background checks often show that a lawsuit was filed but rarely dive into the details of how the case was resolved.
Did the case end in a settlement?
Was there a finding of liability? These are important distinctions.
Many cases are settled out of court to avoid further legal costs, but that doesn’t necessarily mean wrongdoing didn’t occur. Missing this context can give an incomplete picture of the candidate’s history.
Incorporating these often-overlooked aspects into your civil background checks can ensure you make a more informed hiring decision, reducing risk and ensuring a safer, more stable work environment.
Read Also:
