Volume 8, Edition 7, July 2012
 

This Month’s Challenge is sponsored by:


  		 
 

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When can an employer take adverse employment action on an employee refusing to submit to a background check during employment if the employer is implementing a new policy?

a- The legal requirements for internal employees are more stringent than those for external applicants so if the employee refuses to consent you provide an accommodation based on their individual circumstances.

b- Legally you must grandfather the employee if you did not have a background screening policy at the time the employee was hired.

c- If an employee refuses to consent to a background check after you have properly implemented a new policy requiring them the employee can be terminated immediately for refusing to consent.

d- If an employee refuses to consent to a background check after you have properly implemented a new policy requiring them you must give the employee notice of your intent to terminate and provide them three days to comply.
 

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