Blog Post: Background Check not always a barrier for ex-offender.

 Background checks are used by employers to avoid lawsuits for negligent hiring. Employers are responsible for who they hire. These are laws that effect employer liability.

  Negligent hiring is a cause of action in tort law that arises where one party is held liable for negligence because they placed another party in a position of authority or responsibility, and an injury resulted because of this placement.

  Negligent hiring is generally found where the employee who actually caused the injury had a reputation record that showed his propensity to misuse the kind of authority given by the employer, and this record would have been easily discoverable by that employer, had a diligent search been conducted. For example, a victim of sexual harassment in the workplace may have a cause of action for negligent hiring on the part of her employer if she can show that the employer was aware of the harasser's termination from a previous position for the same behavior.

  Many state and federal government jobs require a background check, and depending on the kind of job, may require an extensive investigation for a security clearance. In Arizona a fingerprint clearance card is required to work in any profession where vulnerable children or adults are cared for. Employers have a duty to exercise reasonable care in hiring individuals who, because of the type of employment and amount of contact with the public, may pose a threat of injury to members of the public.

  With all of this in mind it is easy to see why employers run background checks. However, just because an employer runs a check does not mean they will not hire an ex-offender. If due diligence has been satisfied and your crime is not deemed a danger to others in the workplace an ex-offender can be hired.

  Many ex-offenders give up on applying for a job when they find out that a background check will be conducted. This is a good time to discuss your charges and the position you are applying for with the employer. Good communications between the applicant and an understanding on your part of the responsibilities the employers have in the hiring process can aid you in getting past the specter of the background check.

  It is in your interest to keep in mind that not all jobs are going to be open to you, but you can open many doors by being aware of what the employer is looking for and what they are trying to protect themselves from. Even if an employer conducts a background check that does not mean that they do not hire ex-offenders. Don’t loose out on potential jobs by assuming a background check is a closed door for all ex-offenders. Depending on the type of crime, the time that has accrued since the crime and your employment history since the crime, many employers will open doors to ex-offenders.

  Most employers I work with are willing to hire ex-offenders depending on the nature of the felony and the time that has elapsed since the crime occurred. The employer is not singling you out for a non-hire he or she is just trying to protect there business from potential law suites. By presenting yourself in the most positive way (good marketing) you stand a great chance of finding employment. Even people who do not have a criminal background face rejection on many levels when seeking work. Persistence and a good organized job search do a lot to prevent these problems.

  Steve Temple GCDF