OT Background Checks

Hydro Power Guy · Nov 18, 2005

Hi All,
I am in a situation where my company received an RFQ, but requires background checks on everybody associated with the work. Along comes HR understandably asking for permission to do one me. Except, it grants the company the permission to exercise the right to do a background check whenever they want during my tenure with the company. I immediately said no and asked them to limit it to just this one occassion.

Has anyone else run across this type of situation and if so, is there anything else I should be looking out for?

Thanks for the input!

Jimmie_Ohio · Nov 18, 2005

Interesting...

I Googled the topic and have been reading various items on the web. Here's a few quick things I found out:

1) Since the employer is responsible for criminal acts of his employees committed while at work, he has every right to conduct a background check. (Of course there are rules and laws governing this.)

2) The employer has a lot to lose if he runs a background check, gets erroneous information, and acts upon that. (Lotta lawsuits over this type of thing, I'm sure.)

3) If you do have a minor offense, in some cases the offense can be "expunged". (See a lawyer for this.)

I personally had a backround check run last year when I "farmed out" to a major automotive company. I had nothing to hide, though.

This is a deep issue involving human resource policies and the law. I would research my particular situation for answers. And a lawyer's advice is CHEAP, no matter what it costs, for something that could affect your livelihood.

rsdoran · Nov 18, 2005

Hydro I am going to "assume" a few things here.

1. Your name implies you are in the power generation field.
2. The RFQ is possibly from a govermental agency or organization that could be the target of "terrorists".

With the events of the last few years everyone wants to know everything about everyone...the bad guys are everywhere...per se.

See what happens but in the long run you will probably have to do it their way.

Hydro Power Guy · Nov 18, 2005

rsdoran,
Correct on both counts.

I don't have an issue with my company meeting the RFQ requirements. I do have an issue with my company using this as a means to gain access to my records any time it wants. I also want my companies access limited to exactly what the RFQ requires. No more, no less.

I am very concerned with the implications of the form that HR wanted me to sign off on and was just wondering if anyone ever had any similar experiences, words of advice and/or resultant horror stories .

rsdoran · Nov 18, 2005

The good thing is they asked beforehand, most companies require you to sign a waiver before being employed that allows them to do background checks.....AND as Jimmie mentioned they can anyway in many cases.

The issues involved can be complicated, ALL interviews and jobs I do now require a background check...this usually means credit and criminal which are or the most concern BUT some look at morality/social ...ie drinking, driving, conduct (as in disorderly) etc etc. Mistakes with the law (criminal or civil) follow you forever.

Get a copy of the paper and talk with a lawyer, as Jimmie said, it will be worth it.

harryting · Nov 18, 2005

I would talk with your direct supervisor first, chance is, he/she feels the same way.

In my last company, a client faxed over a form ask for background and credit check before they will issue a site badge for a project. I flat out said NO. It wasn't in the contract and my boss backed me up. For me, it's ok to do a one time background or credit on hire but that's it.

I got a bad feeling that a lot of "security" company is selling false sense of security to companies by offering to do background checks. For all I know, these security company could run by crooks looking for my SS#.

elevmike · Nov 18, 2005

Ok guys, major issues that might get you into a bind as a result of a background check are not limited to past criminal activities. Are you in big debt? Back unpaid taxes?? Bounced checks?? Do you like to frequent the local casino?? Money problems, or the potential for them, make you a prime target for engageing in neferious deeds.

If you live within your means, and dont have a record you shouldnt worry about it. Simply put, you would be much more valuable to your employer if you didnt make them jump through hoops when they bid on simmiler projects. It's simply better, and allows more flexability for your employer to keep the secruity certs. up to date and ready for any contingency.

I've been doing this for 20+ years. It's no big deal. Besides it may lead to a few unique experiances.

leitmotif · Nov 19, 2005

I have held Dept of Defense Secret clearance at various times since 1967. My birth certificate on file at the County Courthouse is stamped indicating the FBI background check.

Top Secret or higher results in your limited abiltiy to go where you want, file contact reports on "suspicious" people you talk to etc etc.

The downside for me is I have someone snooping in my history.
The upside for me is it is the FBI and there is independence (I think) from my employer.

I have also had volunteer agencies initiate a State Patrol records search on me.

I think it will not be a big deal, you are not going for a Top Secret or other high level clearance so it will be nothing more than a records check.

In your case I would want to know who is doing the background check FBI, State Police or Joe Blow Security and what the level is.

Dan Bentler

darrenj · Nov 19, 2005

I agree here..if you have nothing to hide..why worry..it can only open doors for you.. for example..there was a bunch of jobs quite a few years back that were only avalable to people with "secret" cleance..I called and was told i couldnt apply becouse i didnt have "secret" clearance..i asked how to get it..i was told to get it i needed a job that required it..talk about circles!!

As of now i am cleared for "enhanced" which means nothing exept they have verified i actualy exist..One of my clients does require "secret" and above and has submitted all my employee names for that..3 years ago..we still have not recieved anything..(Still busy from 911)..i know they might run a check on me at any time but i dont care..i dont have anything to worry about..(although from all accounts they do ask some awkward questions on the polygraph!)

As Mike said a risk to them is someone in debt or heading that way..

Dont limit yourself or give your employer something to think about..he may wonder why you are hesitant to concent..

leitmotif · Nov 19, 2005

darrenj said:
I agree here..if you have nothing to hide..why worry..it can only open doors for you.. for example..there was a bunch of jobs quite a few years back that were only avalable to people with "secret" cleance..I called and was told i couldnt apply becouse i didnt have "secret" clearance..i asked how to get it..i was told to get it i needed a job that required it..talk about circles!!

As of now i am cleared for "enhanced" which means nothing exept they have verified i actualy exist..One of my clients does require "secret" and above and has submitted all my employee names for that..3 years ago..we still have not recieved anything..(Still busy from 911)..i know they might run a check on me at any time but i dont care..i dont have anything to worry about..(although from all accounts they do ask some awkward questions on the polygraph!)

As Mike said a risk to them is someone in debt or heading that way..

Dont limit yourself or give your employer something to think about..he may wonder why you are hesitant to concent..

I never had to do a polygraph for SECRET. Have never heard of anyone doing one for ANY clearance. However since 9/11, Homeland Security, Chicken Little who knows what is going on??

Dan Bentler

elevmike · Nov 19, 2005

leitmotif said:
I never had to do a polygraph for SECRET. Have never heard of anyone doing one for ANY clearance. However since 9/11, Homeland Security, Chicken Little who knows what is going on??

Dan Bentler

Dan,

Darren's in Cananda, so it might be a requirement there. Somewhere along the line, you've probably agreed to submit to a polygraph on request. If there's ever an incident expect it to happen.

Rod · Nov 19, 2005

I've only had to deal with this when security clearance was required. My
cross street neighbors would come over and ask "Why is the FBI wanting info about you?" They look at you funny after that. NOT a good thing!

Last company I worked for required access to my vehicle at any time - I thought it extreme and highly intrusive, but I have nothing to hide.

Tell them you read George Orwell's '1984' and Big Brother can take a flying...

I think that FBI agents only have to undergo a twice yearly pass/fail (at least that is what the last two agents told me)

Somethings very wrong here

I've had to wait for an hour in a golf cart while drapes were hung around sensitive equipment - fine, my meter is running.

Hydro Power Guy · Nov 19, 2005

leitmotif said:
In your case I would want to know who is doing the background check FBI, State Police or Joe Blow Security and what the level is.

Dan Bentler

I have nothing to hide, I just dont want to give my company unlimited access to check my records whenever they want to. Also, my company is using Joe Blow Security to run the check. I don't know how these things work, but I would assume that Joe Blow would need to be licensed/certified to give a security clearance.

My main concern is that my records somehow become public or at the very least get in the hands of some individual interested in identity theft. I need to give them my social for this check which kind of sparked my concerns.

Rod · Nov 19, 2005

Who runs the security checks on Joe Blow Security?

stasis · Nov 19, 2005

an interesting issue, at least here in the US. The right to privacy v/s security. Most employers now want background/credit checks AND the ability to do them randomly.

On the flip side, the employee feels that he/she has given up their right to privacy. An interesting thing is that there are no 'right to privacy' laws on the books regarding this. Right to privacy doesn't extend beyond your home.

be happy that they asked first, but I would hold your position about getting it in writing that it is a 'one off' check. There are also no laws requiring that companies, outside of government, do checks on employees.

OT Background Checks

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