Pre-Employ Blog

It's a Myth: "The Hiring Process Isn't of Concern to the Applicant"

Posted by Bob Mather on April 07, 2015

Interviewing for a job is tough, but the hiring process is even tougher.  After you sit through what feels like a thousand interviews, the company still needs to go through their standard hiring process before you officially land the job.  It’s a stressful time for anyone looking for a new job.


Many companies now include background checks in their hiring process, but what they don’t know is that sometimes they are actually going about these background checks the wrong way.  Background check processes that are used by many employers today actually increase the likelihood of litigation because of the way an applicant is treated during this stressful process.  And there are many factors that can turn a normally very understanding and patient person into someone that has their lawyer on speed dial to talk about a potential lawsuit with a company in a matter of hours.

Since the background check normally happens after the person goes through the interview process and you extend the job offer to them, what they think is a secure job offer is now pending because they now need to jump through more hoops as you conduct the background check.  You have them fill out a form and provide you with all the necessary documentation to have them prove to you that they are who they say they are and then say that the offer is conditional and you’ll now dig into their past and base the offer on what you find. 

The interview process was intimidating enough and now you are making them second guess how much you like them as you have them go through an intensive background check.  Just imagine the fear and trepidation that this person now feels.  And add to the fact that during this background check, they are not told what’s happening or the status of their job offer. So as more hours and days go by, their confusion, fear and anger start to build up.  Then they get a letter saying they failed the background check and now feel like a criminal even though they never did anything wrong.  They immediately call up their lawyer and now you have a lawsuit pending.

But that lawsuit could have easily been avoided if you just communicated with the applicant throughout their background process.  Here are some tips on how you can avoid any potential confusion or problems:

  1. It’s best to introduce any applicants you have for open positions to your background check company so applicants can contact them with any questions or concerns they might have throughout the process.
  2. Have your background check company interact with applicants whenever they want or need to. Don’t limit their communication like many companies often do.
  3. Check with your background check company to see if they have a devoted applicant customer service team that can help with concerns, questions, or forms just in case your applicants need additional help or if your HR team needs clarification on anything.
  4. Ensure that your background check company has their own dedicated customer service department that’s preferably in the U.S. and not outsourced to assist applicants during the process.

By going the extra mile and checking in with your background company, you can decrease any chances of upset applicants that might want to come back and sue you if anything happens with their background check.

To read more on the employers/businesses who have faced this type of litigation download a free eBook entitled5 Myths of Criminal Background Checks” now.

The 5 Myths of Criminal Background Checks

Here is more related topics for you:

Illegal Questions During an Interview, Does Your Staff Know Better?

Make Informed Hiring Decisions




Topics: hiring process, interview process, backgroundchecks, Lawsuit

About Pre-Employ

Pre-Employ delivers Employee Background Checks, Employee Drug Testing, I-9 Compliance and Volunteer/Student Background Checks while providing the best customer and applicant experiences in the industry.

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