Phase one of the return to normalcy has begun and each state and county seemingly have differing guidance and regulations regarding the return to work. At this time employers and employees need to be cautious in their efforts of opening up their businesses and conducting proper behavior while at work which could include wearing a mask and other preventive methods. Additionally on several levels, employers need to take special care when employees return to the workplace.
Many returning to work are excited to get out of the house but still have to stay within the guidelines of social distancing and wearing the appropriate PPE (Personal Protective Equipment).
Pre-employment background screening has many challenges without a pandemic or stay-at-home work orders. While it may appear that there are no jobs available in the workplace many employers are beginning to ramp back up. For the near future companies will have to work under stringent guidelines in order to keep employees safe. The same holds true during the hiring process.
Typical job interviews are managed face-to-face. But with COVID related safety protocols in place the hiring process has changed. Job interviews are now handled via Zoom and/or exclusively by phone. For many companies across the country the on-boarding process is managed the same way.
Pre-employment background screening has faced its own challenges. During the initial phases of the shutdown many county courts were closed and criminal court records were not updated on a regular basis. Many state and county employees worked from their homes during this time and did not always have the ability to update court records. And, more importantly, many courts were closed entirely, or worked on a limited basis.
As county courts begin to reopen there will be a deluge of delayed court proceedings. Records will be updated but certainly there will be delays in the process. In order to maintain best practices hiring managers and HR departments should work with a well-qualified third-party pre-employment background screening agency in order to remain up to date with court closures, as well as maintaining access to those critical court documents required to fully vet a candidate.
A greater challenge for an employer may be with the return to the physical workplace.
From JDSupra.com (May 20, 20):
Despite the best of intentions to comply with the myriad of laws, orders and recommendations and to “do right” by employees while dealing with the current pandemic and recession, employers remain vulnerable to a whole host of potential COVID-19-related claims. Ever-changing guidance and return-to-work orders complicate the issues. Keeping abreast of the actual and potential legal theories being raised is key to assessing potential COVID-19-related litigation risk. jdsupra.com/legalnews/top-five-covid-19-litigation-risks-for-34262/
As the country begins to open up new sectors of the economy that were hit the hardest by the pandemic they must do so with great care and caution as a resurgence in COVID19 cases could put us right back to where we were. Administering proper hiring practices through the use of an employment screening company is still a best practice.
Additionally, to further add to the complexity of the situation employers may be faced with whistleblowers, as related to COVID19 and the return to work policies.
From Law360.com (May 26, 20):
Scores of COVID-19-related whistleblower retaliation complaints have recently been lodged with the Occupational Safety and Health Administration and similar complaints are being filed in federal and state courts. This is the tip of the iceberg. Such claims are based on several legal theories grounded in alleged retribution against employees for voicing health and safety concerns and requesting leave or accommodations. law360.com/articles/1274746
The challenges employers are facing now and will continue to face for the next several months are significant. One way to alleviate some of the stress of returning to the workplace is to work with a third-party pre-employment background screening agency.
To read more about the challenges the country is facing due to the re-opening of parts of our economy and why using a professional employment screening company can help employers navigate through some of these issues read recent CriminalBackgroundRecords.com press release: COVID-19 and Return to Work