The company strives to select employees who are well suited for the positions they fill. In nearly every case, our selection process involves a careful review of the requirements of an available position and the qualifications of the individual applicants. All non-employee applicants are required to complete a job application and, where required, submit a resume. Likewise, depending on the position available, employees will be asked to interview with the individuals who will be involved in the selection process. References will be checked. Moreover, when necessary or required, the company will also conduct employee background checks (including criminal record checks), credit investigations (with proper employee authorization), and driver’s license checks.

Employee applicants are required to complete an in-house application if they are interested in an available position. The company encourages employees to apply for any position in which they are interested and qualified.

While selection process policies appear in many employee manuals, every employer should consider carefully whether to include such a policy in its manual. Why include a selection policy in an employee manual when the employee has already been selected?

Clearly, a strict selection policy should not appear in a manual if an employer has a flexible approach to recruitment and hiring. Selection policies will haunt employers who do not abide strictly by the terms of their policy. Even where employers follow their selection process religiously, they should ensure that the policy contains language allowing for discretion and exceptions.

Reference checks are encouraged, but an employer should follow a uniform practice when conducting reference checks. Employers must be sensitive to the fact that liability can arise from the manner in which they conduct their reference and background checks. Authorization is required for credit and criminal background checks and information must be provided to employees who are not selected as a result of the credit check. Some states have enacted anti-discrimination statutes regarding non-selection of employees who have criminal records.

Moreover, some employers are subject to statutory or regulatory requirements regarding background checks and such checks must be conducted in conformity with all applicable laws and regulations. Other employers, who are not subject to such requirements, also must conduct checks in a manner so as to avoid liability for negligent hiring or defamation claims. Employers should contact their labor and employment counsel regarding their reference and credit check practices.