Your Guide to Background Checks: Florida Edition

A background check is a procedure can perform by an individual or organization to confirm that a someone is who they say they are. Background check allow people to validate the legitimacy of a person’s criminal history, schooling, work experience, and other former activities. A background investigation may be required if you are hunting for employment, buying a weapon or even when you are searching for a new residence. Companies do employment background checks to prevent employing individuals who might be a burden to the company or constitute a possible threat to the people in the organization. 94 % companies use some form of employment background check.

It is often performed when a person applies for a job, although it can be ordered by the employer any time the company thinks appropriate. A business may mandate yearly employment drug tests or criminal background inspections for its workforce in order to ensure a healthy and safe atmosphere. An individual’s history of jobs, qualifications, credit, crime, medical conditions- if any- usage of social media, and drug tests are all aspects of employment background check.

Background Checks in Florida have Different Rules

• Ban the box: 

Florida does not have any statewide ban the box law. Several counties in the state have passed local laws or regulations restricting businesses’ rights to ask inquiries about criminal past on employment applications.  Daytona Beach, Jacksonville, Miami-Dade County, Orlando, Sarasota, St. Petersburg, Tampa, Gainesville, Fort Myers, and Tallahassee have all prohibited the use of the box in public employment. However, no jurisdictions have yet prohibited the use of the box for private enterprises for employment background checks in Florida.

• Criminal Records:

Organizations are entitle in Florida -public and private-  to utilize background investigation to screen potential workers. Public employers may exclude applicants only first-degree misdemeanors charges, but only if the offence in issue is has some relation to the employment in question. Private companies can examine any criminal history data, even lower-level crimes, when making judgements related to employment. Businesses are nevertheless advise to take into account the nature of previous offences and their significance to the employment. Businesses who refuse to hire every applicant with a criminal record are liable to face charges of job discrimination under Title VII of the 1964 Civil Rights Act. If this sort of claim made, it can lead up to some very serious consequences for the employer.

• Expunged/Sealed records:

Job applicants are not oblige to divulge closed or expunged criminal or sentence histories. These offences are regarded as if they never happened in Florida, and they also do not appear on background check for Florida state.

Why Employers Are invigorate to Conduct Thorough Background Checks; Negligent Hiring

If a background checks in Florida is conducted for employment before employing a candidate and no apparent signs of danger are discovered, the company will be considered innocent in any prospective negligent hiring claims. Even if said employee injures a client, a coworker, or someone else. The knowledge that the company did a background investigation will lawfully protect the company from a lawsuit alleging negligent hiring. Thus motivating many companies in Florida to launch a background check whenever introducing a new recruits within a workplace.

Other Significant Rules to Keep in Mind

• Employers must give a disclosure form:

A candidate must present with a disclosure document informing them that will obtain a background investigation report for professional reasons. This disclosure must use separately from any other documents, such as a job application.

• Written consent by the applicant:

To be carry a background check out for employment, the candidate must obtain written authority. These two documents are the only ones that may be diverse. They give authorization for background investigation services, past employers, and supply other sources of information.

• Interviews must also be disclosed:

Companies must notify the candidate that an investigative interview for a background check. If the employer plans to interview applicants as a form of inspection to confirm background check results. Said company must offer an explanation of the background check if a candidate seeks one.

• Allow disputing:

If the employer chooses not to accept the candidate or decides to offer them a lesser job role. They must inform them of this step they have decided to take. Also give them the opportunity to contest the background check results with the conducting organization. If these rules are not following thoroughly. Then filing against the employers might risk having charges under the Fair Credit Reporting Act. Companies should always evaluate the following factors before dismissing a candidate. The severity of their offence, the amount of time that has passed after committing the offence. Also how it connects to offering the job.