Frequently Asked Questions
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. An applicant’s credit history can reflect the individual’s degree of fiscal responsibility.
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.
How does employment screening reduce negligent hiring lawsuits?
By screening prospective employees, an employer can ascertain whether the applicant is suitable for the position in question – and whether or not the individual will be a reliable and productive addition to your workforce.
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 in damages and have often led to bankruptcy proceedings.
What does a 'background check' check?
Background checks may include the results of multiple background screens and information verification. Checks can include a search of criminal courthouses at the county and federal level, sex offender registry searches, verification of employment history and educational credentials and even specialized searches such as driving records, abuse registries or sanctions databases.
What do they test for in an Extended Drug Test (10, 11, 12 Panels)?
Extended testing might also screen for some or all of the following, but basic testing is the most common.
- Barbiturates (phenobarbital, butalbital, secobarbital)
- Benzodiazepines (tranquilizers like Valium, Librium, Xanax)
- Ethanol (ethyl alcohol, booze)
- Hallucinogens (LSD, mushrooms, mescaline, peyote)
- Inhalants (paint, glue, hair spray)
- Anabolic Steroids (synthesized, muscle-building hormones)
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. 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. A 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.
What is your average turnaround time?
About 90% of county criminal record searches are returned to the client within 2 business days. Turnaround for the remaining 10% of searches varies between 72 hours to several weeks. Factors influencing turnaround include the State where we are searching, how many jurisdictions are involved, and if a record must be retrieved from statewide archives.
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.
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)
Do I need a signed authorization form?
Yes. Please download the form here.
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 prospective employee’s background before committing to a hiring choice.
What is the process of a background check?
The background check process can be very complex, but American DataBank helps make it simple for our clients. We provide all the necessary compliance forms and make it easy to submit a request, receive completed results and reach us to get answer to questions.
Who does background checks?
Background checks – including drug screening – are recommended for all employers as a way to promote workplace safety and to protect clients and the general public. In addition, schools, churches and youth organizations may conduct background checks on volunteers to protect children and other vulnerable populations.
Do I need to fax the authorization my applicant signed to American DataBank?
Generally speaking, no. The Fair Credit Reporting Act requires that an applicant 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 authorization forms for audit purposes.
What do they test for in a Standard 5 Panel Drug Test?
Basic testing typically screens for the following, commonly-abused drugs.
- Amphetamines (speed, meth, crank, ecstasy)
- Cannabinoids (marijuana, hash)
- Cocaine (coke, crack)
- Opiates (heroin, morphine, opium, codeine)
- Phencyclidine (PCP)
Can you reject an applicant based solely on their credit report?
While there is no set law dictating that an employer 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.
How long until my account is active?
The first step is to complete a service agreement. Once a service agreement has been completed, there may be additional steps but your account will be active in 24-72 hours.
How can I start making requests and checking results on the internet site?
As soon as your account has been approved and you have received a user ID and password you can login anytime to submit requests.
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.
Can I receive my reports by e-mail?
Yes, we can email the results to you.