An increasing number of employers are taking an interest in conducting re-checks for their existing employees.

On-demand services such as Wag! and Uber have been scrutinized due to animal cruelty claims and sexual assault allegations, respectively. Service users’ reactions to these matters have put pressure on these companies to revise their hiring process - particularly their current background screening policies.

Uber was one of the first large companies to publicly commit to conducting re-checks on their current drivers. Following pressure from local governments to keep tabs on drivers’ criminal records and traffic infractions, Uber now receives continuous updates about drivers’ records, criminal violations, and license suspensions.

Before you decide to implement re-checks, it is worthwhile to take the time to decide if re-checks are relevant to your industry and if there are any legal implications to consider.

Legal implications of implementing a re-check on employees.

There are numerous federal and province-specific privacy laws within Canada that dictate how background checks can be conducted.

In Ontario, within the public sector, laws pertaining to background checks in general fall under the Federal Privacy Act and Freedom of Information and Protection of Privacy Act. On the other hand, within the private sector, the Personal Information Protection and Electronic Documents Act (PIPEDA) sets the rules for handling personal data. It is important to understand which laws are applicable to you when conducting any checks.

In the United States, the Fair Credit Reporting Act (FCRA) governs how and when background checks can be conducted for employees.The FCRA indicates that employee consent is required and that employees must be given a chance to review and provide explanations for any findings from a check if an employer plans on providing discipline or firing them because of the results.

Things to consider when implementing a re-check on employees.

Interested in continuous monitoring for your company? Here are a few tips to help you get started:

• Be direct in the application process. Avoid any confusion when it comes time to conduct re-checks by clearly stating that continuous background checks are to be expected as part of the job.
• Get consent. In order to complete additional background checks, employers must ensure that they have a valid consent form signed by the employee. At Hire Performance, consent forms used for a pre-employment background check are valid for one year after signing.
• Have a policy in place. What will you do if an employee does not consent to a re-check? What if your findings reveal criminal activity, sexual assault convictions, or any other undesirable results? Be prepared to address these results by having an appropriate policy in place.

The subject of re-checks in the workplace is daunting for both employers and employees. Be sure to consider the pros and cons of re-checks and how they could potentially affect your company. When in doubt, consult a reputable background screening company to help you make your decision.

Whether you decide to conduct re-checks or not, the Hire Performance team can help you find the best solution for your company. Contact us here.