Screening applicants for employment by conducting background and reference checks is a valuable way for employers to discover relevant information about potential employees. The information discovered may indicate whether an applicant will be a good fit for a position. Conversely, the information discovered may suggest that an applicant is not qualified. In addition, thoroughly checking into the applicant’s background may protect the employer from potential liability associated with negligent hiring and negligent retention claims.
Often, as a part of the application process, an employer will want to gather information from a prospective employee’s current or former employers. In an effort to encourage employers to provide detailed and pertinent information, Georgia law protects employers from liability for providing information about current and former employees to a prospective employer of that employee. Georgia law presumes that an employer is acting honestly and fairly, unless the information was disclosed in violation of a nondisclosure agreement or the information was otherwise considered confidential by law.
There are many different steps an employer may take to check into an applicant’s background. Depending on the nature of the position in question, employers may choose to use a few or all of the steps that follow for...
Please call us at (312) 960-9400 if this is an error or if you have any questions.