Conducting a Background Check
When you've narrowed your pool down to a few applicants, choose your top candidate and perform a background check. This check can be as minimal or extensive as you wish, but if your applicant has a lot of contact with the public, children, patients, or other employees, you will probably want to conduct a thorough background check to show responsibility in hiring.

Checking References
Reference checks are a very common way to find out more about an applicant. Here are a few tips to keep in mind:

• Make sure you tell the applicant that a job offer will not be made until you've checked their references, and have the applicant sign a release form that gives you permission to check their references, before you actually contact any.

• Call or write each reference you're given, and if you don't get a response, keep trying. Be aware that many employers will not give much information about former employees as they fear being sued.

• Document all the information you learn about the employee and keep it with their application file. If the former employer won't give you any information about the employee, document this as well, including the date and time you spoke.

Employment References
Previous employers are one of the best sources of information about a job candidate. However, many employers will not disclose information for fear that they will be sued. Basically, the employer is protected under California law as long as they're telling the truth and not attempting to maliciously slander a previous employee. However, many employers take the path of caution. If an employer won't provide information, you might ask the job applicant for other references, or have them contact their former employer to have your request for information approved. If this fails, ask the job seeker for copies of old pay stubs that would prove their employment, copies of performance reviews, recommendations from previous supervisors; or co-workers who have left the company in question may server as references.

If you find a cooperative reference, try to find out some or all of the following, and ask for examples that illustrate the employee's positive attributes:

• Job title
• Salary
• Dates of employment
• Kind of tasks performed
• Work habits (ability to work with others, level of responsibility, commitment, etc.)
• If the employer would hire the applicant again, given their experience with that person

Personal References
Personal references can be useful, particularly if you have trouble obtaining information from previous employers. However, many companies find that personal references are not reliable, as they are often friends of the applicant and are thus biased to provide only positive information. If you use personal references, try to ask for examples that illustrate the applicant's skills, talents, or positive qualities. These may give you more to go by, and may help you decide whether the reference is telling the whole truth. Make sure that you stick with job-related questions and don't ask anything that can be viewed as inappropriate or invasive.

Checking Educational Records
Applicants may exaggerate their educational background on resumes and job applications, and most employers don't check this information. If education is central to the qualifications and background you're looking for, you will want to investigate an applicant's record. Ask the applicant to provide copies of diplomas and certified copies of all transcripts that you need.

Credit Reports
Credit reports are important to check when applicants will be handling large sums of money or making financial decisions for your company. Otherwise, it's unnecessary to check an applicant's credit. A credit report will include:

• The applicant's name
• Social security number
• Any bankruptcies, tax liens, or loans
• Judgments
• Child support obligations
• The names of others who have checked the applicant's credit

If you decide to run a credit check, you'll have to pay a credit agency upwards of $25. Also, keep in mind that Federal and State laws are explicit about how are allowed to use credit checks in hiring. You also run the risk of discrimination suits if you check minority applicants' credit more often than other applicants'.

Checking Motor Vehicle Records
If the applicant will be using a company vehicle or driving as part of company business, you should check their department of motor vehicles driving record. The printout will show you all traffic violations, and driving-related offenses, and will provide all the information contained on the license (name, address, date of birth, etc.). Ask the applicant to provide a current DMV printout.

If the driving record shows serious offenses or the applicant's license is suspended or expired, you have sufficient reason for not hiring this person based on their inability to perform the job at hand (assuming the job requires driving and/or use of company vehicles).

Checking Criminal Records
It's essential to check the criminal records of applicants who, by virtue of the job, will be required to:

• Carry a weapon
• Drive a company vehicle
• Have access to master keys
• Interact with the public, patients, the elderly, or children
• Be bonded because of their access to money or valuables
• Handle drugs or explosives
• Also state law mandates criminal background checks for certain kinds of positions. Keep in mind that checking a person's criminal record is a sensitive undertaking. There are legal restrictions under federal and state law, but generally checking conviction records is permitted and checking arrest records is not.

It's best to check conviction records only if it's essential, which you can decide based on the type of position you're filling and the information you've obtained about the applicant. The cost of running a check can be prohibitively expensive. The easiest way to check a conviction record is to hire a private detective. You can also contact the following agencies yourself, though this can be extremely time-consuming and frustrating:

• The state's central repository of records
• State and local law enforcement agencies
• The state department of motor vehicles (driving-related convictions only)
• The FBI

Drug Tests
Many employers wish to screen applicants for drug use, and there are several good reasons for doing so. Drug use disrupts the workplace and often costs employers a great deal of money. Conducting drug tests protects the company from negligent hiring claims, and sometimes prevents drug users from applying in the first place. In addition, federal law mandates drug testing for people in certain occupations, such as interstate truck drivers or workers at the Department of Transportation. In California, there are no laws requiring employers to conduct drug tests, though there is a Drug Free Workplace Act that requires state contractors to maintain a drug-free workplace.

When conducting drug tests, it's important to make sure that the applicants' rights are respected. The following guidelines will help ensure this:

• Notify applicants in advance that you require drug testing. The best place to do this is on the job description or on a drug testing notice forms that you give them at the first interview. Make sure you list any prescription or over-the-counter medications that will produce a positive test result.

• Make sure when you collect samples from each applicant that you are protecting each individual's privacy.

• Strictly limit and control access to the test results.

Screening Applicants-- A How-To
If your staff is smaller than 15 people, you do not need to test every applicant; however, you must be very careful not to target or discriminate against anyone based on race, gender, ethnicity, religion, etc.

During the hiring process, give all applicants a written notice of your drug testing policy during the first interview. When you've made your decision, give the applicant a conditional job offer letter that states the position is contingent on passing a drug test. Tell the applicant that the test will take place immediately (a strategy that will prevent applicants from setting up their own appointments), and give the applicant a detailed form showing the time and place of the test. If the test result is positive, do not hire the applicant.

Documenting Your Reference Check
To protect yourself from potential lawsuits, or to provide backup in case the employee later presents problems, keep detailed records of every piece of information you verify or check. You should keep these records for at least a year, and you should include the following:

• Lists of all references checked, the name of the person at your company who dealt with each reference, the method of contact (phone or letter), and notes from the conversation you had (or copies of the letters sent and received).
• Copies of all records received (credit checks, transcripts, DMV printouts, etc.)
• Notes regarding all references you attempted to check, the dates attempted, and detailed notes about why you could not get in touch with them.
• Notes regarding your inability to get information from a reference.

When you hire an applicant, make sure to keep all reference checks and related documents in that person's personnel file and keep all files totally confidential.

When an employee leaves the company, you should keep their personnel file for 5-7 years. If your staff consists of 15 employees or more, keep all information pertaining to applicants you did not hire for at least one year, to satisfy Equal Employment Opportunity Commission regulations. If legal action is taken against you, save all related files and documents until the matter has been resolved.