(B) It depends on whether the language in the original disclosure
and release notified the employee that ongoing screenings
throughout their employment/volunteer or contract period
might be performed. If it did not, it would be best practices
for ABC to have the employees sign a new release which contains
Corporation is a regular client that obtains background
screening from you on a regular basis as part of its hiring
process. ABC has 500 employees and recently decided that
it should conduct periodic background screening on its workforce
because its employees have regular contact with customers
and employees must sometimes be in its customers’
homes. All of these employees had a background screening
at the time of their employment and ABC provided a disclosure
and obtained a release at that time. Can you simply process
orders from ABC for supplemental screenings on its current
employees when requested?
Yes, so long as you verify that all of these employees signed
a release at the time of hire which allows ABC to conduct
a background screening.
Maybe, it depends on the language in the release signed.
No, an employer must obtain a release each time it requests
a background screen on a current employee so the employee
is aware that the screening is occurring.
Maybe, depending on whether there is a legitimate business
reason for the decision to have periodic screenings performed.