Whatever information an employer releases in connection with a job reference should be factual, in good faith, and non-inflammatory! Under Section Similarly, it would be a good idea to restrict the release of information to whatever was requested - unless there is a compelling need to do so, try not to volunteer additional things that are not connected to the information requested by the prospective new employer.
Texas law Texas Labor Code, Chapter gives employers important protections against defamation lawsuits based upon job references, as long as the employer does not knowingly report false information; still, employers should try to report only what can be documented. Employers have the right to do criminal background checks themselves using government-maintained databases, but most employers hire a service to do that - be careful, since the Fair Credit Reporting Act requires an employer to give written notice that a credit or background check will be done and to get written authorization from an applicant to do the check if an outside private-sector agency or search engine will be used the notice and the authorization can be on the same form - in addition, if the applicant is turned down, the employer must tell the applicant why, give the applicant a copy of the report, and let them know the name and address of the service that furnished the information.
In-home service and residential delivery companies must perform a complete criminal history background check through DPS or a private vendor on any employees or associates sent by the companies into customers' homes including attached garages or construction areas next to homes , or else confirm that the persons sent into customers' homes are licensed by an occupational licensing agency that conducted such a criminal history check before issuing the license.
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The records must show that during the past 20 years for a felony, and the past 10 years for a class A or B misdemeanor, the person has not been convicted of, or sentenced to deferred adjudication for, an offense against a person or a family, an offense against property, or public indecency. A check done in compliance with these requirements entitles the person's employer to a rebuttable presumption that the employer did not act negligently in hiring the person.
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Recommended : do such checks on anyone who will be going into a person's home, garage, yards, driveways, or any other areas where the employee could come into contact with people at their homes. With respect to applicants younger than 18, if possible, secure written permission from the child's parent or guardian to conduct background or drug tests. Unless a law requires such a question, do not ask about arrests, since the EEOC and the courts consider that to have a disparate impact on minorities - a company can ask about convictions and pleas of guilty or no contest.
If an EEOC claim is filed, the employer must be prepared to show how the criminal record was relevant to the job in question, i. Conducting a job-relatedness inquiry involves treating each applicant as an individual - the employer must be able to articulate how it determined, with respect to an individual applicant, in light of the applicant's criminal history, and concerning the job in question, that hiring the person would have involved an unreasonable risk of possible harm to people or property.
In Texas, asking only about "convictions" will not turn up some forms of alternative sentencing - for example, under the law of deferred adjudication, if the person given such a sentence satisfies the terms of probation, no final conviction is entered on their record, and the person can legally claim never to have been "convicted" of that offense - however, they would have pled guilty or no contest to the charge such a plea is necessary in order to qualify for deferred adjudication , so if it is necessary job-related to know about about convictions and guilty or no contest pleas, the question would have to be rephrased - see the discussion directly above about the job-relatedness of an offense.
In the case of Kellum v. Sample question about criminal history: "During the past fill in the number years, have you been convicted of, or have you pled guilty or no contest to, a felony offense? If yes, please explain in the space below. Answering "yes" to this question will not automatically bar you from employment unless applicable law requires such action.
Try to consider only criminal history that is recent enough to be relevant, given the nature of a particular offense, the nature of the job, and the corresponding level of risk of harm - the remoteness of an offense is a factor in the job-relatedness determination noted above. To minimize the risk of an EEOC claim, and to be as fair as possible, try to keep the following in mind:. The Building Lead is responsible for overseeing the building projects, supervising day-to-day team operations, coordinating supplies, equipment, activities of workers engaged in cleaning and maintaining premises of commercial, industrial or other establishments, ensuring performance goals are met.
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