American DataBank - Pre-Employment Screening and Background Checks

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Frequently Asked Employent Screening Questions

New!Click Here For Frequently Asked Questions about Drug Screening Support

Here are some questions that we are asked often. If you have any other questions, feel free to ask us by e-mail or phone. 

What is Due Diligence?
Why use employment screening?
What is negligent hiring and retention?
How can negligent hiring and retention affect me?
How does employment screening reduce negligent hiring lawsuits?
Do I need to fax you the release my applicant signed?
Can you reject an applicant based solely on their credit report?

Can a Consumer Reporting Agency give advice or notify the employer on the legal issues?

 

How long until my account is active?
What is your average turn around time?
How can I start making requests and checking results on the Internet site?
Are your services completely confidential?
Why should I search for county criminal records if I can search the state criminal records repository?
Can you reject someone based solely on the fact that they have applied for bankruptcy or have been bankrupt in the past?
Can I receive my reports by e-mail?
Do I need a signed release form?
Sample Report 1
Sample Report 2 (MVR)
Sample Invoice 1
 


What is Due Diligence?

Due Diligence enables a company or individual to take preventative action with regard to business decisions such as hiring, acquisitions, investments and customer relationships. In terms of pre-employment screening, a company may, within the FCRA guidelines, research a perspective employee’s background before committing to a hiring choice.

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Why Use Employment Screening?

Employment screening provides due diligence by eliminating uncertainties in the hiring process. For instance, Education Verifications help determine an applicant's qualifications while Social Security Traces and Criminal Court Histories can play an integral part in a negligent hiring lawsuit. Acquiring an applicant’s credit history can indicate their degree of fiscal responsibility. Please go to our concerns page to find preventative measures that will best suit your specific needs.

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What is negligent hiring and retention?

Negligent hiring normally refers to an employer's obligation not to hire an applicant that they knew or should have known was likely to undertake improper or dangerous conduct against other individuals, or otherwise subject employees or third parties to actions which can create legal liability.

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How can negligent hiring and retention affect me?

Negligent Hiring and Retention lawsuits have found employers responsible for their employees’ actions, and employers can even be found liable for criminal actions that arise when the employee is not working. Negligent hiring and retention lawsuits have cost companies many millions of dollars worth of damages and often lead to bankruptcy proceedings.

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How does employment screening reduce negligent hiring lawsuits?

By screening your perspective employees, you can decide if the applicant is not only suitable for the position in question, but also whether or not they will be reliable and productive additions to your workforce.

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Do I need to fax you the release my applicant signed?

Generally speaking, no. The Fair Credit Reporting Act requires that your applicants must express written permission for you to access any of their information, and it is necessary that you keep this signed document for review. Occasionally, we may request copies of the signed release forms for audit purposes.

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Can you reject an applicant based solely on their credit report?

While there is no set law dictating that you cannot reject an applicant based on their credit reports, it is best that your company contact a labor attorney to clarify the legalities of this issue.

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Can a Consumer Reporting Agency give advice or notify the employer on the legal issues?

The FCRA prohibits a Consumer Reporting Agency (CRA) from advising or influencing an employer’s hiring decisions. The CRA is strictly prohibited from answering general legal questions or advising employers on which grounds they might reject a candidate. Should legal questions arise during the hiring process, it is always best to consult an attorney.

CRAs can only provide their clients with the facts about the applicant’s history, and most will have written disclaimers explaining that they cannot advise or influence their clients to hire or fire an individual.

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How long until my account is active?

We will activate your account within hours of receiving your signed Service Agreement.

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What is your average turn around time?

About 90% of our county criminal record searches are returned to our clients within 2 business days. The remaining 10% of our searches will vary from 72 hours to several weeks based on the State where we are searching, how many jurisdictions are involved, and if a record needs to be retrieved from statewide archives.

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How can I start making requests and checking results on the Internet?

For pre-employment screening, go to our getting started page and enter your information. We will establish your login and password in one hour. Once your account is set up, you are ready to request any of the services on our web pages.

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Are your services completely confidential?

Yes. We do not sell, trade or, otherwise transfer the personal information that visitors provide during the registration and order process anywhere outside the company.

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Why should I search for County criminal records if I can search the State Criminal Records Repository?

Unfortunately, the state repositories are databases that rely upon the dependability and completeness of the various agencies that report information to the repository. It has been our experience that the information is less complete than the actual court records.

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Can you reject someone based solely on the fact that they have applied for bankruptcy or have been bankrupt in the past?

Credit Reporting Agencies cannot give advice on legal issues; in this situation it is best to consult an attorney. (See Above)

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Can I receive my reports by e-mail?

Yes! Apart from Motor Vehicle Records, which must be faxed, we can e-mail your results directly to you.

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Do I need a signed release form?

Yes. Please download here.

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American DataBank.com  

American DataBank
1-800-200-0853

910 Sixteenth Street 5th Floor Denver, Colorado 80202
Phone: 303-573-1130    Fax: 303-573-1779  E-mail
Business hours: 9:00 - 18:00 / M - F (MST)
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