The people’s need to obtain more information about their future employees is driven by the lack of certainty and safety in a society with an increasing number of criminal offences. The criminal records search, however unethical it may sound, is a necessity for today’s employers. The big risk of hiring the wrong person for one’s business has turned this issue into an important one for any company. Employers have to make a criminal record check of future employees otherwise they can get sued in case the person they hire breaks the law affecting their business. On the other hand a very important issue is whether persons with criminal records can be turned down on job applications because of their criminal background. The criminal record check may seem quite difficult to conduct and might even rise up problems of immorality, but one has to balance well the decisions regarding the future of his company.
Criminal offence has grown a lot over the years. This has led to a very big uncertainty when it comes to meeting new people and choosing who you’ll be working with. Employers (all over the world) have confronted with this problem when hiring someone. They have to verify this person’s background, but the criminal record check can be quite limited. When pursuing a criminal record check, employers don’t have access to governmental information. The first step of the process is to view that person’s job application. The criminal records offer information regarding the applicant’s past problems with the law. Then, they can consult the credit bureau’s registers from which they can find out addresses and social security numbers and check the past jobs as well. This way the employer finds out what the future employees have done before and whether there are any intentionally left out details in the applications. Many companies resort to hiring special services to conduct the criminal records search, but only if the applicant has given his written consent. If there are criminal records to be found, the employees should be given the chance to elucidate their case. The job applicants must be informed upon their legal rights before any decision to reject the job applications is made.
In the Internet era, the most accurate help you can find consists of the online services. Most companies offer their help in criminal record check, but their efforts are made using the Internet as well. These companies can give detailed information on how a criminal record check can be conducted. They know how a person can pursue a criminal record check by obtaining the information they need from the local courthouse and which criminal records can be granted by the specialized web sites in the criminal record check. Even so, this doesn’t mean it is the easiest or cheapest way to obtain the information you want. The problem is that criminal record check can’t be 100% accurate, because criminal records may suffer corrections along the years. There are also some limitations on how much information an employer can obtain about an applicant’s criminal background. Nationwide, the criminal database has a lot of lacks. But this doesn’t mean the employer’s strive to obtain a criminal background is useless, because most of the companies specialized in criminal records search have been book keeping all the changes conducted in one’s criminal records.
Another important issue may be whether the applicant with criminal records has a chance in being hired or not. An employer can not reject a job application due to criminal records search because it would be considered a discrimination against this category of persons. Nevertheless, the employer can check whether that person’s criminal background could interfere with the future job, whether they are related and how the applicant’s behavior has been ever since. This remains a very controversial matter because it is very difficult to prove that a person has been rejected for employment due to his criminal record check, which is in fact illegal.
In spite of all these issues, criminal record check is a very important step in hiring someone because of the problems that may occur in the future. Hiring someone can influence how your business will develop, so risks are involved. The employer should be able to conduct a criminal records search to minimize the risks, but he should not make a decision basing it only on the criminal records. There are web sites or companies specialized in criminal records search, which can offer you the most accurate information you need in the shortest period of time. Qualified personnel can simplify finding an applicant’s criminal background and the information obtained will help you make a balanced decision regarding your future employees.
All can go well in business with a criminal record check
Business Entity Mistakes – Criminal Conduct and Independence
In this age of information, most small business owners understand they need the protection provided by a corporation or limited liability company. Such protection, however, can be lost though certain actions.
Criminal Action
Creating a business entity only protects a business and shareholders from civil liability. Civil liability arises from a body of state and federal law that allows for compensation for alleged wrongs. These wrongs can arise in the form of negligence, contractual breach and so on. If an entity is found civilly liable, it must pay compensation, but no jail time is involved.
Neither a corporation, limited liability company nor any other entity will protect anyone from criminal liability. Claims to the contrary published on various web sites are simply wrong. A person forming a corporation to front for a ponzi scheme or scam to defraud consumers is going to receive no protection from criminal prosecution. If you have any doubts on this issue, simply consider the recent criminal convictions of the Tyco and Enron executives.
Standing Apart
Both corporations and limited liability companies are considered to “stand apart” from their investors for legal purposes. In essence, both entities are considered to be “persons” under the law. This legal fiction is, of course, what gives rise to the asset protection element of both entities. Unfortunately, many small businesses don’t understand this distinction and lose the asset protection when the most need it.
To maintain the asset protection benefits of a business entity, you must treat it as an independent party. For instance, you do not “own” a corporation. Such statements can come back to haunt you when a plaintiff’s attorney presents them in court while arguing the entity is a sham. To avoid this problem, you can simply say you are the President of the business entity or whatever position you hold.
In Closing
Forming a business entity is a necessary step for most small businesses. Once the entity is formed, make sure you follow the necessary formal procedures to maintain asset protection.