How to Find Out Someone's Work History in OregonEmployers might require verifying the work history of an employee before giving him/her the job owing to various reasons. The reasons for such verification might be to check the legitimacy of the details provided in the applicant’s resume, to protect the employer’s interests concerning the criminal history of the applicant or for developing a better insight regarding the applicant and his/her suitability for the job at hand. Similar rules are prevalent even inside workplaces and companies native to Oregon, United States.
However, there are certain rules that employers need to follow if they are to conduct a legal work history check of their employees. The rules and regulations specific to the state of Oregon dictate specific situations in which employers might seek out such background checks for their applicants and ways in which they might make use of such information during the screening process of the job interview.
Furthermore, employers in Oregon also need to abide by federal laws and state laws, including the 7th Title of 1964’s Civil Rights Act and Fair Credit Reporting Act, also known as FCRA. In this article, you would be able to find more information on how you might find out someone’s work history in Oregon.
There are various parts of a background check and one part of it includes checking the criminal history of the applicant. ORS 181.560 outlines the process that needs to be followed to request such a check or the information that might be disclosed as a result of the same. The state of Oregon requires the employer to notify the subject regarding having requested a criminal check and also provide the date and time when such notification was made.
The state police department, on the other hand, shall notify the subject from their end and also provide to the person a list of information that will be provided to the employer under the requested check, the civil rights the subject enjoys in case misuse of information is done in any manner by the employer and a detailed outline of the procedure to follow in case any of the mentioned information in the report is believed to be inaccurate by the subject.
The employer can only receive this information after 14 days of having notified the subject. Although most searches include name searches, some advanced positions might require the use of fingerprints. Felonies and misdemeanors are not distinguished by the state of Oregon and the report can contain information on expunged criminal history or arrest records with no history of acquittal. In case the person had been arrested in the past, but the arrest did not result in a conviction, the information is not mentioned in the report.
If an applicant is found to have a criminal history, employers cannot use this as the sole reason for denying employment. Various factors such as the crime’s nature, nature of position offered, and the time when the applicant was convicted need to be considered before making such a decision.
Employers also need to consider whether the conviction anyhow impacts the applicant’s ability to perform well on the job or not, and factors like character reference, the applicant’s qualifications, an effort towards rehabilitation and inclination towards criminal activities also need to be given due weight. Generalization and prejudice simply because the applicant had a criminal history is illegal and unethical while employing in the state of Oregon. The applicant also needs to be informed of the reason, if he/she has been denied employment based on his/her criminal history.
Which job do roles require compulsory background checks?
As per ORS 443.004 any jobs which require a person to care for the disabled or provide in-home assistance require background checks. Similarly, jobs that have direct access to the following entities require a mandatory background check as per ORS 181.547. These entities include:
- Elderly people
- Disabled people
- People suffering from mental illnesses
- Access to the general public
Similarly, if a job requires any of the following qualifications or job roles to be a part of the job profile, a background check is mandatory. These include:
How credit checks can be conducted in Oregon?
Only under special circumstances, may an employer gain access to information relating to the credit history of an applicant, as per allowances granted by the FCRA. Only if the applicant has applied for a position that requires checking the subject’s credit history or for a role in a federally insured bank the employer has the right to request a credit history check. Rules regarding credit history checks during background verifications are outlined under ORS 659A.320.