Pennsylvania Denial of Employment Based on a Pre-Employment Background Check
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How to fill out Denial Of Employment Based On A Pre-Employment Background Check?
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FAQ
What causes a red flag on a background check? There are plenty of reasons a person may not pass a background check, including criminal history, education discrepancies, poor credit history, damaged driving record, false employment history, and a failed drug test.
The most common search parameters in Pennsylvania background checks are the employee's full name, date of birth, Social Security number, current residence address, state, and email. Another necessary condition is their consent to conduct the background check.
§ 9121(b)(2).) Generally, an employer can inquire into any criminal background information. However, because Pennsylvania allows employers to only consider felony and misdemeanor convictions for hiring decisions, it is best to only inquire on an application or in an interview about felony or misdemeanor convictions.
Covered employers may only consider convictions within the last seven years from date of disposition or release from confinement whichever is later, and may not consider non-convictions regardless of when they occurred.
Summary offenses typically include minor convictions such as harassment, loitering, or disorderly conduct. Summary offenses are still considered criminal history, so they may show up on a Pennsylvania background check. Candidates should disclose these offenses if asked about criminal history on job applications.
Federal law does not prohibit employers from conducting background checks before an offer of employment is made. State laws, however, may have restrictions. Although in most states a standard background check can be conducted prior to an offer, a small number of states do not allow it.
The best time to run a background check during the hiring process is after a conditional job offer has been shared with a candidate, but before their employment is finalized. Some employers like to run checks on all applicants that go through the interview process.
I just recently went through this, and the background/drug tests didn't complete until almost right on top of the target start date. Most companies would advise prospective employees not to give notice until employment checks are complete (for potential liability issues I would imagine).
Generally, an employer can inquire into any criminal background information. However, because Pennsylvania allows employers to only consider felony and misdemeanor convictions for hiring decisions, it is best to only inquire on an application or in an interview about felony or misdemeanor convictions.
Covered employers may only consider convictions within the last seven years from date of disposition or release from confinement whichever is later, and may not consider non-convictions regardless of when they occurred.
