Employers are smart to do a background check on every job candidate, including an international background check where relevant.
An international background check is absolutely relevant for every foreign national who applies for U.S. employment, and who applies for overseas employment by a U.S. company. It’s also advisable for a U.S. citizen who has spent significant time in a foreign country, either living there full time or part time, or working there. Consult our suggestions on when to order an international background check.
When a job candidate fails a background check
But what does an employer do when a job candidate fails the background check?
First, let’s understand what “failing the background check” means. That’s really a colloquial expression, not a legal term.
Third-party companies such as GlobalBackgrounds.com are skilled at promptly looking into the backgrounds of U.S. citizens and foreign nationals to determine aspects of their personal and professional histories, whether in the U.S. or in another country.
What Global Backgrounds and other professional background investigators do not do is decide who passes and who fails. Third-party background checkers only gather information on a candidate, then compile that information into a confidential report to the employer.
So, who decides if a candidate passes or fails? The employer who ordered and paid for the background check, not the background checkers, passes judgment.
Findings that Trouble an Employer
There’s no list of what will bother employers and what won’t. Obviously, some things may matter more than others, and may matter much more to one employer than another. Fraud, crimes of violence, embezzlement, and theft are likely to throw up red flags for almost any employer. What will trigger a “fail” reaction depends, however, on many factors.
How troubled an employer will be after reviewing the search findings is likely to be related to two things: what the background search indicates the applicant did, and what the company does—more specifically, perhaps, what the applicant would do in a job with the company.
Studies show that most job applicants fabricate something on their resume: how well they did in college, whether they started for the football team, how much money they’ve made, or other items. To many people, the reaction might be, “Who cares?” But if you’re, say, a candidate to be head football coach at a major university, and that university has not only a national profile but also a major church affiliation, what are seemingly inconsequential lies at a smaller program suddenly become dealbreakers.
Reviewing the Search Findings
How does an employer decide which background search information disqualifies an applicant? What “passes” and what “fails?” Here’s a simple guide for reviewing background search findings:
Review. Managers involved in the hiring—including people under whom the candidate would work—should review the findings. They should discuss whether and how any negative findings would impact the candidate’s performance and whether it would affect their ability to defend the hiring if something were to go awry.
Consider time elapsed. Look at the timing of the negative events. For instance, if the candidate had personal financial problems, were they far enough in the past that they might not any longer be relevant? Has he recovered from the incidents?
Measure potential impact. Would a negative finding directly impact the applicant’s job performance, or reduce the company’s ability to carry out its duties? For instance, the loss of driving privileges might limit the company’s ability to insure properly if the candidate would be driving a company vehicle. Perhaps the corporate insurance contract would bar employment of such a candidate if driving a company vehicle. Would the company feel its image would be protected if the candidate were even to drive a privately owned vehicle while conducting company business?
Consider circumstances. Let’s say a candidate has a conviction for disorderly conduct. And let’s say it was in connection with a civil protest. Does that brother company management? If it’s a mark on the record of a foreign national who lives in a well-documented police state, would it be any more acceptable? Those are things that probably will be addressed by corporate culture.
Measure character. Sometimes violations are not as serious as the implications as to a candidate’s character. If a job applicant has a speeding violation, but it’s 100 miles per hour in a school zone, it might reflect poorly on the applicant’s character. If it was a one-time occurrence of 10 mph over the speed limit when the candidate was 16, it might not matter so much. A domestic violence complaint years ago in a former marriage, followed by counseling, might carry less impact than a high incidence.
Get the applicant’s explanation. Candidates are entitled to see the search results. After your team reviews the search results, give applicants five days to respond (or whatever your state requires). Perhaps there are logical and acceptable explanations for negative findings, even if they reflect dire events.
It’s important to remember that a background report can be shared only with the candidate. It must remain confidential among those who review it.
Weighing Criminal Findings
Criminal activity uncovered by a background check has to be closely examined. Some reasons are obvious: No company wants to hire someone prone to committing serious crimes, especially violent acts or financial violations. A company that hires a candidate with a history of theft or embezzlement is assuming considerable risk, especially if the candidate would be filling a job that includes fiscal responsibilities.
Any crime, however, can have extenuating circumstances, which is why an opportunity for an otherwise attractive job candidate to respond is critical.
You might be wondering, “Should I have a written policy on withdrawing an offer if criminal activity is found?"
It’s best to have a written policy to help you:
Review the criminal activity.
Withdraw a job offer if a review of the criminal activity deems it necessary.
The most important benefit of having policies for considering criminal activity and for withdrawing a job offer due to criminal activity is that adhering to the policies ensures that every candidate is treated equally—a legal requirement.
A policy that spells out adverse action related to criminal records must be applied equally. And remember: In states with a “ban the box” law, employers may not ask a candidate about criminal history until after a job has been offered. Some delay criminal background checks until after a job offer is made. Background check professionals, such as those at Global Backgrounds, will know how to apply the laws where you do business.