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How To Handle Background Checks That Come Back With Arrests Or Convictions

how-to-handle-background-checks-that-come-back-with-arrests-or-convictions
Webinar: ID# 1043005
Recorded On-Demand
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Course Summary:

This audio conference focuses on some of the most-common background check challenges many hiring managers face.
Course Details:
What should you do if an applicant or employee has a criminal history?

It happens more and more often: a background check on an applicant comes back with problems, or you find out after the fact that a new employee has a criminal history. What are the legal requirements, and what should you do?

What You'll Learn:

This audio conference focuses on some of the most-common background check challenges many hiring managers face, such as:

  • Background comes back with an arrest, but not a conviction
  • Does your state prohibit discrimination based on arrest records?
  • A current employee tells you he's going to be "out for a while" because he has to do 90 days of jail time for his second DUI
  • The employer's "double-edged sword": Keeping the workplace safe by screening out bad hires vs. potentially discriminating against applicants
  • Company policies and job descriptions: The keys to applicant screening
  • Preemployment background checks: What you need to know to protect yourself from negligent hiring claims
  • The FCRA and taking adverse action: How to rescind an offer of employment when a background check comes back with an arrest or a conviction
  • How to avoid claims of disparate treatment and disparate impact
  • The EEOC's "three-factor test" when considering an applicant with a criminal history
  • Understanding how the EEOC views arrests vs. convictions
  • Avoiding negligent retention: How to handle a current employee who is now in trouble with the law

Top FAQs

The Internal Investigations Certificate Program™ is offered in both in-person and virtual formats, providing flexibility for participants. In-person sessions are held in major U.S. cities, offering face-to-face interaction and networking opportunities. Virtual sessions are conducted live, allowing participants to join from anywhere while still benefiting from interactive learning. Organizations can also arrange on-site training tailored to their specific needs.
The Internal Investigations Certificate Program™ is a comprehensive training course designed to equip HR professionals with the skills and knowledge needed to conduct workplace investigations effectively. This program covers every aspect of the investigative process, from identifying when an investigation is necessary to gathering evidence, conducting interviews, and documenting findings. It ensures participants are prepared to handle sensitive cases like harassment, fraud, or misconduct with legal and procedural confidence.
Registration is simple and flexible. You can register online by selecting your preferred session date and format. For organizations, group training options are available, allowing you to schedule on-site sessions tailored to your team's needs.
Common law, retaliation, Assault & Battery, Defamation, Privacy, and more.
The cost of the program varies depending on the format and location. In-person sessions typically range from $2,195 to $2,395, while virtual sessions may offer slightly lower pricing. The investment includes all course materials, access to interactive sessions, and the opportunity to earn recertification credits. Many organizations offer reimbursement or sponsorship for professional development programs like this one.
Employers must know the legal obligations that require them to conduct internal investigations, how to gather documentary and physical evidence, how to effectively handle witness interviews, and how to apply discipliary action or termination.
Completing the Internal Investigations Certificate Program™ enhances your professional credentials and boosts your confidence in handling sensitive HR cases. Participants earn 18 HRCI and SHRM recertification credits, demonstrating their commitment to maintaining competency in HR practices. The program also positions you as a trusted expert in workplace investigations, increasing your value to your organization.
An "internal" or "workplace" investigation is a formal inquiry regarding allegations of wrongdoing to determine whether laws or corporate policies have been violated.
Respond promptly and responsibly, assess, plan, investigate, evaluate, conclude.
Probably the largest pitfall is the reaction of your employees, especially if the investigation is handled poorly. For instance, the company does not investigate theft allegations, tells the accused details from an accuser's accusations, and loss of profits and reputation.
Several, including hostile or violent employees, retaliation lawsuits, state or federal repurcussions from broken laws, and affects on your workforce.
Participants receive a rich learning pack that includes 10 detailed modules and a 300-page workbook. These materials cover investigative frameworks, legal guidelines, and practical templates for documentation. Additionally, the program features interactive exercises and real-world case studies to enhance learning retention and provide hands-on experience.
The program is an intensive three-day seminar designed to provide in-depth training in a short timeframe. Each day includes interactive sessions, mock investigations, and practice scenarios to ensure participants are fully prepared to apply their skills in real-world situations immediately after completing the course.
The program covers a wide range of topics, including identifying when an investigation is required, evidence collection and chain-of-custody best practices, conducting expert interviews, and documenting findings accurately. Participants also learn how to avoid legal pitfalls during disciplinary actions and gain insights into real-world case studies. The course is structured into 10 modules, ensuring a thorough understanding of investigative frameworks and legal contexts.
Yes, the program is highly regarded by employers and trusted by leading companies such as Amazon, Microsoft, FedEx, and Allstate. Its credibility is reflected in its 4.88 satisfaction rating from over 700 HR practitioners. Completing this program signals to employers that you have the expertise and training to handle workplace investigations effectively and professionally.
Continuing Education Credits:

Click the 'Credits' tab above for information on PHR/SPHR, PDCs, and other CE credits offered by taking this course.
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How To Handle Background Checks That Come Back With Arrests Or Convictions
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