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Post-hire background checks can help your company avoid being legally liable for employee misconduct, and can also help maintain a safer, more comfortable work environment for everyone. However, as with pre-employment screenings, there are some important moral and legal factors to take into consideration.
Pennsylvania School Law requires that all applicants for employment in public and private schools, employees of independent contractors seeking business with public and private schools, and student teacher candidates undergo background checks if they will have direct contact with students.
There is no federal law that requires all employers to run background checks on all new hires. There are no state, county, or city laws that implement this kind of requirement, either. Instead, background check requirements are decided more on an industry-by-industry basis.
200bClearances/Background Checks Pennsylvania School Law requires that all applicants for employment in public and private schools, employees of independent contractors seeking business with public and private schools, and student teacher candidates undergo background checks if they will have direct contact with students.
Do I Have to Give My Approval for a Background Check? Even though state laws allow employers to run an employee background check, it does not give them permission to do so without the employee's consent. Employers must notify job applicants in writing that a background check will be run.
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.
The most common background checks consist of criminal history, education, previous employment verifications, and reference checks. These reports could also include results of pre-employment drug testing. The goal is for an employer to feel confident a new hire will not bring foreseeable trouble to the workplace.
The applicant must provide written consent for the background check. If the pre-employment check is compulsory for hiring, the business must state it clearly in their written policies. The employee has the right to be notified about checks being conducted about their reputation, lifestyle, history, or character.
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.
Pennsylvania is not one of these states: PA currently has no laws or regulations in place that stipulate a lookback period restriction for criminal history checks. As such, Pennsylvania employers can technically consider felonies or misdemeanors no matter how old the convictions are.