Erik Eisenmann

Tell me a little about yourself: Emerging liability issues with pre-employment background checks

More and more employers are choosing to conduct background checks on potential hires, including checks for criminal and credit history. There are a number of legitimate reasons for doing so, including compliance regulations in certain industries, concern about liability for negligent hiring, and simply a desire to ensure that employers are selecting the right person for the job. Employers must be mindful, however, that administrative agencies at both the state and federal levels are scrutinizing these practices like never before, and that many states (like Wisconsin) have laws on the books that regulate how employers are permitted to use background check information.

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