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Legality of employers running background checks on job candidates

been convicted of a crime of violence? or a similar question that calls for an opinion. The problem occurs when an applicant is called upon to make a judgment about his own offense. To determine if a crime can be labeled as "serious" can call for a very complex legal and factual determination on which lawyers and even judges could disagree. At times an applicant may be simply confused by court proceedings and may not understand the results or what they mean. By asking a question that is ambiguous and leaves waffle room, an applicant can argue that in his or her mind the offense was not serious and a no answer was truthful. That is why a question cannot contain any ambiguity

ABOUT THE AUTHOR:

Lester S. Rosen is an attorney at law and President of <a target="_new" href="http://www.esrcheck.com">Employment Screening Resources </a>, a national background checking company located in California offering employment screening services such as <a target="_new" href="http://www.esrcheck.com">employee background screening, job verification,</a> and <a target="_new" href="http://www.esrcheck.com">credential verification</a>.

He is the author of, The Safe Hiring Manual-Complete Guide to Keeping Criminals, Imposters and Terrorists Out of Your Workplace. (512 pages-Facts on Demand Press), the first comprehensive book on employment screening.

He is also a consultant, writer and frequent presenter nationwide on pre-employment screening and safe hiring issues. He has qualified and testified in the California, Florida and Arkansas Superior Courts as an expert witness on issues surrounding safe hiring and due diligence. His speaking appearances have included numerous national and statewide conferences.

He is a former deputy District Attorney and criminal defense attorney and has taught criminal law and procedure at the University of California Hastings College of the Law. His jury trials have included murder, death penalty and federal cases. He graduated UCLA with Phi Beta Kappa honors, and received a J.D. degree from the University of California at Davis, serving on the Law Review. He holds the highest attorney rating of A.V. in the national Martindale-Hubbell listing of American Attorneys. Mr. Rosen was the chairperson of the steering committee that founded the National Association of Professional Background Screeners (NAPBS) a professional trade organization for the screening industry, which now has over 500 members. He was also elected to the first board of directors and served as the first co-chairman in 2004.

Learn more about this author, Lester Rosen.
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Below are the top articles rated and ranked by Helium members on:

Legality of employers running background checks on job candidates

  • 1 of 10

    by Kimberly Hunt

    1 - In order for an employer to check out backgrounds or other things on potential candidates, that person must give written

    read more

  • 2 of 10

    by Sue A. Sponte

    In general, employers are legally permitted to run background checks on job candidates. But there are restrictions under

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  • 3 of 10

    by Lester Rosen

    Three Problems Employers Face When Asking About Past Convictions

    Unfortunately, the language employers use on their

    read more

  • 4 of 10

    by Amy Moshier

    I can understand how an employer would want to ensure - at least, to the best of their availability - that they did not

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  • 5 of 10

    by Angie SanFilippo

    I agree with the background checks to a certain degree. For instance, what does someone's credit history have to do with

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Legality of employers running background checks on job candidates

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