How to Find Out Someone's Work History in Illinois
Employers are liable to conduct background checks of their employees to ratify, whether the said individual is fit to take the job at hand, and to ensure that they have adequate protection for themselves. Such protection is required at the end of the employer in case an employee with a criminal history causes harm to someone in the workplace.
The later can then sue the employer for not having conducted a proper check on the work history of the employee who caused the harm.
The employee needs to fill an information sheet created for employment-related complaints before the complaint is filed.
Types of work history check an employer can conduct in the state of Illinois and how they are done
There are five different types of work history checks that an employer can conduct in the state of Illinois. These include:
- Drug test
- Reference check
- Internet and social media check
- Credit check, and
- Criminal background check
Specific industries require their employees to undergo drug tests to qualify for employment. Such industries include aviation and driving-related jobs. The state of Illinois, neither prohibits, nor encourages drug tests, but in the scenario that you are in a drug rehabilitation program, the employer has the right to conduct a drug test.
However, ordering a drug test based on your ethnicity, community or race is unlawful and discriminatory and is prohibited in the state of Illinois. A drug test can only be ordered once you have been offered the job and the employer is liable to make payment for the costs of the drug test.
Employers in the state of Illinois can also conduct reference checks, to verify, whether the information you have provided on your CV is accurate or not. Such checks may include contacting your previous employer and verifying the details you have provided on your resume with regards to the previous employment.
Internet and Social Media Check
To learn better about you, employers might check your social media posts that have been made public. However, they do not have the right to ask for account information or passwords that belong to such social media accounts that you have.
There are certain dos and don’ts when it comes to credit checks in the state of Illinois. Employers are not allowed to make certain decisions based on your credit history. These include situations like:
- Ask questions regarding your credit report or history
- Refuse employment based on your credit report or history
- Hire an agency to procure your credit history
- Show discriminatory behavior towards you because of you have filed for bankruptcy
However, there are certain situations in which an employer can conduct a credit check on their employees. Such situations include:
- If the employee is in a managerial position or has unsupervised access to assets or cash that are worth $2,500 or greater
- The job the employee has been offered involves dealing with confidential information and trade secrets
- If the job you have applied has requirements for your credit history to be a bona fide occupational qualification, also known as BFOQ. Bank jobs are examples of occupations that require such checks.
Criminal Background Check
It is not allowed for employers to inquire about your arrest records, as they would not be able to use such information in making decisions during the hiring process. Certain types of employers are completely prohibited from asking if you had ever been arrested or convicted for any crime. Such employers include:
- Private employers in the state of Illinois who have 15 employees in their workplace or more
- Private employers who have lesser than 15 employees in Chicago or Cook County
As per state laws and federal laws job applicants cannot be questioned by employers regarding their criminal history if the details of the same have been sealed, expunged or is subject to pardon or executive clemency. However, there are certain jobs, whereby employers can seek out your arrest records, even if they have been sealed. Such jobs include:
- School workers
- Armed security officers
- Workers in childcare
- Carnival workers
- Workers in healthcare
- Local government employees
- Private detectives
Employers can seek various mediums to gain access to your criminal background, starting from making inquiries with the State Police Department of Illinois, to searching online databases for your criminal history; as such records are public records available on the internet. Your employer, who might hire a third-party agency to conduct the search, might also peruse local court records. Your biometrics might also be used to search for your criminal history in FBI databases and databases maintained by the Department of Justice.