Post-Hire Background Check Policy Checklist

Tammy Cohen, PHR, SHRM-CP
May 3 2016
A great deal of focus is placed on pre-employment background screenings, but what about after a candidate has been hired? While pre-employment screenings are commonly considered an essential best practice for hiring new people, far fewer companies conduct screenings after a candidate is hired.

If an employee is arrested on company property or while completing a work-related task, or if his driver’s license is suspended after beginning work, your company could face significant consequences. Without post-hire background screening, employers are less likely to discover the consequences of an employee’s behavior until it’s too late and a lawsuit is filed.

A post-hire background check policy also reduce the chance for negligent retention. Negligent retention is when a company is held liable for retaining an employee who has engaged in criminal behavior.

For example, if someone is injured as a result of your employee’s behavior, litigants may claim that the company should have known about the employee’s potential for committing crimes. Post-hire background screenings demonstrate to courts of law that your company conducted ongoing due diligence on its workforce.

A regularly scheduled background screening of current employees is a sound way to maintain workplace safety and ensure that your employees continue to meet the expectations of their positions. Following a post-hire background screening checklist can help hiring managers mitigate the risks associated with managing staff.


6 Items to Include on a Post-Hire Background Check Policy Checklist

You can use this post-hire background check policy checklist to build a comprehensive and effective post-hire screening program.

Check industry standards. Depending on your industry, your company may be required to conduct certain post-hire screenings on a consistent basis. For example:

  • The transportation and medical industries are required by law to conduct annual background checks for all current employees.
  • The U.S. Department of Transportation requires that companies employing drivers with commercial driver’s licenses conduct random drug tests throughout employment.
  • Healthcare professionals must be screened for sanctions or Medicare/Medicaid fraud.

Take extra precautions with vulnerable populations. Employers serving vulnerable populations may also need to implement a post-hire background check policy. Such employers may include companies with employees who work with children, mentally or physically disabled individuals, and senior citizens.

Follow a schedule. Conducting background screenings at regular intervals makes it difficult for employees to cover up any crimes or detrimental behavior. Random drug tests, as permitted by state law, can help prevent workplace injuries by exposing on-the-job alcohol use or substance abuse.

Screen before promoting. Employers should conduct a post-hire background check when an employee is promoted, receives a significant change in job responsibilities, or assumes a position of authority. This is a good time to re-check qualifications, licenses, and educational credentials to make sure the employee will be able to handle the new job requirements outlined by your company policy.

Make sure the screening is FCRA compliant. The federal Fair Credit Reporting Act (FCRA) protects employees against the improper use of their consumer information. In order to comply with the FCRA, employers must inform the employee of any adverse actions that may result from information obtained during a post-hire background check. A review of your pre-hire disclosure/consent form is also in order, to ensure that it allows for screening at any time during the employee’s tenure.

You should consult with your legal counsel when creating post-hire screening programs as state laws regarding post-hire screening may vary considerably. For example, in the state of California a new consent form must be signed with each consumer report an employer obtains. Additionally, drug testing current employees without reasonable suspicion (as in the case of random screening) is prohibited in some states unless required by industry regulation.

Conduct a comprehensive screening. Some companies only conduct abbreviated background screenings, such as annual drug testing, after a person begins employment. You may also want to include a motor vehicle check, credit check, credential check, and/or criminal records search to ensure your employees continue to meet the standards required for their positions.

An experienced background screening provider can assist your company with implementing a post-hire background check policy. As an experienced and accredited background screening provider, InfoMart can assist you in creating and conducting comprehensive post-hire background check programs that are also compliant with federal, state, and local laws.

About Tammy Cohen

Tammy Cohen, an industry pioneer and expert in identity and employment screening, founded InfoMart 30 years ago. Deemed the “Queen of Screen,” she’s been a force behind industry-leading innovations. She was most recently the first-to-market with a fully compliant sanctions search, as well as a suite of identity services that modernizes talent onboarding. Tammy revolutionized the screening industry when she stepped into the field, developing the first client-facing application and a due diligence criminal search that has since become standard for all background screening companies. Cohen has received national awards and honors for her business and civic involvement, including Atlanta Business Chronicle’s Top 25 Women-Owned Firms in Atlanta, Enterprising Women Magazine’s Enterprising Women of the Year award, the YWCA of Northwest Georgia’s Kathryn Woods Racial Justice Award, and a commendation in the 152nd Congressional Record.

About InfoMart

InfoMart has been revolutionizing the global background and identity screening industry for 30 years, providing businesses the information they need to make informed hiring decisions. They develop innovative technology that modernizes talent onboarding, including a first-to-market biometric identity authentication application and a verified sanctions search. The WBENC-certified company is a founding member of the Professional Background Screening Association, and they have achieved PBSA accreditation in recognition of their consistent business practices and commitment to compliance with the FCRA. The company is dedicated to customer service, speed, and accuracy, and it has been recognized for its success, workplace culture, and corporate citizenship with over 45 industry awards. To Get the Whole Story on InfoMart, please visit, follow @InfoMartUSA, or call (770) 984-2727.

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