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Topic: What can you ask as a Staffing firm while interviewing candidates?

Messages (5) Visitors (660)


Eduarda
Member since 05/25/2007
What can you ask as a Staffing firm while interviewing candidates?
05/25/2007 / 10:54 am    #1

Hi!

I have been asked to find out if we can ask high level executives - while interviewing them over the phone - about their credit report track, criminal records, etc.? Is it legal? We often have clients that want to run such reports on potential candidates and we would like to avoid both the client and ourselves the embarrassement of having to tell them that the candidate's reports are less than stellar. At least, if we have the upper hand and discuss it with the candidate, we can make better judgement and decisions and to whether or not the issues at hand are relevant for the job position.

This is how we were planning on approaching it.

"We really think you are a great candidate for the position we are trying to fill and we are going to present your information to our client. They will probably want to run a background check on you. Is there anything we should know about before that happens?"

What do you think?

Thanks
Edie

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hrbth
Member since 06/22/2005
Re: What can you ask as a Staffing firm while interviewing candidates?
05/28/2007 / 1:20 pm    #2

Be a little more specific - state that the client wants to know the candidate's credit report and criminal record.

However, please note first that in the US, while your client may legally refuse to hire a candidate because he/she has a criminal record, it may in some circumstances be illegal to refuse to hire someone based on his/her credit report. You need to do a little research on the credit report issues and advise your client accordingly. If your client commits an illegality, the candidate may sue you as well as the client.

In case you're in Canada, you need to know it's completely illegal to refuse to hire someone based on his/her credit report, so asking for it will only make you and your client look bad if your client later decides not to hire the candidate. It's also illegal to refuse to hire someone based on a criminal record, if the crimes committed have nothing to do with the job vacancy. (So, for example, refusing to hire a convicted paedophile for a position that will have absolutely no contact with children would be illegal.) If you're in Canada you need to advise your client of the above, again because if your client commits an illegality, you (actually your firm) may be named in the resulting lawsuit.

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Eduarda
Member since 05/25/2007
Re: Re: What can you ask as a Staffing firm while interviewing candidates?
05/28/2007 / 2:53 pm    #3

I'm not in canada. The thing is I'm recruiting for fortune 500 companies and if your background / credit report is less than stellar and you are in management, it may not be good to hire someone that has had 5 DUI, or has lots of fraudulent accounts on his report, or has committed felonies...

I'm in agreement that I would definitely say that "The client would like to perform a background check and/or credit report, is there anything you would like to share with me before that?"... something like that... would that be ok?

??

;-)

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hrbth
Member since 06/22/2005
Re: What can you ask as a Staffing firm while interviewing candidates?
05/29/2007 / 9:17 am    #4

That's fine, however you really should first research the legalities of using credit report information to make hiring decisions. If it's illegal, and you ask the candidate about it, and then your client makes a negative hiring decision based on the candidate's credit report, you (and/or your search firm) will be just as liable as the client should the candidate sue. This is because you represent the client, and because the credit report search, while done by the client, was done with your knowledge (if you didn't know it was going to happen, you wourldn't have asked the candidate about it first).

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luke.m
Member since 04/16/2012
Re: What can you ask as a Staffing firm while interviewing candidates?
04/16/2012 / 3:17 pm    #5

Here is a post about illegal interview questions that you should take a look at.



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