Sleuthing 101: Background Checks and The Law

FM Staff

By Barry Nadell
InfoLink Screening Services, Inc., 2004
$19.95

With the increased emphasis these days on food security and employee legal status, this volume couldn't be more timely. Nadell, president and co-founder of InfoLink Screening Services, a national background screening concern, displays his considerable expertise in the area of lawful background checking of both job applicants and current employees.

Comprehensive, authoritative and easy to read and understand, Sleuthing 101 covers all the necessary bases, from the rudimentary (reasons you need to do background checks in the first place) to the labyrinthine (the sections cover individual state laws for various topics, such as pre-employment inquiries and criminal background checks).

For example, did you know that those disclosure form waivers of rights (e.g., "I voluntarily, knowingly and unconditionally release any person from any and all liability") are illegal under the federal Fair Credit Reporting Act? In fact, writes Nadell, FCRA "requires that a disclosure consist 'solely' of the disclosure that a consumer report may be obtained for employment purposes." Nowhere does Congress accept the signing away of legal citizen benefits by private agreement, he adds.

There are chapters on employee theft and lawsuits, electronic signatures, workplace investigations and time frames for criminal reports. A series of appendixes discuss topics like states with drug testing laws, a summary of employer rights under the Fair Credit Reporting Act and even a guide for developing an Application for Employment.

Onsite foodservice operators, who must often compete for low-skill workers with spotty employment histories, will undoubtedly find this reference work well worth the $20 price.