Standard Pre-Employment Report

Why do this search?

The services included in this report are modeled on the language in Florida Statute 768.096, titled, "Employer presumption against negligent hiring."

This statute is good news for Florida employers who conduct background investigations. The statute says: "In a civil action for the death of, or injury or damage to, a third person caused by the intentional tort of an employee, such an employee's employer is presumed not to have been negligent in hiring such employee if, before hiring the employee, the employer conducted a background investigation of the prospective employee and the investigation did not reveal any information that reasonably demonstrated the unsuitability of the prospective employee for the particular work to be performed or for the employment in general." According to the statute, the background investigation must include:

1. Obtaining a State of Florida criminal record (Department of Law Enforcement information as reflected in the Florida Crime Information Center system);
    

2. Making a reasonable effort to contact references and former employers concerning the suitability of the prospective employee for employment;
    

3. Requiring the prospective employee to complete a job application form that includes questions concerning whether he or she has ever been convicted of a crime, the date of conviction and the penalty imposed, and whether the prospective employee has ever been a defendant in a civil action for intentional tort, including the nature of the intentional tort and the disposition of the action;
   
   Note: A tort is an act that injures someone in some way, and for which the injured person may sue the wrongdoer for damages. Examples of intentional torts are battery (which can be both a tort and a crime), fraud and defamation. While the statute does not specifically require a search of civil records, unless you are one-hundred percent certain that the applicant answered truthfully, prudence suggests the check be done.
    

4. Obtaining, with the written authorization of the prospective employee, a check of the driver's license record of the prospective employee if such check is relevant to the work the employee will be performing and if the record can be reasonably obtained; or

5. Interviewing the prospective employee.

Two of the above elements not included in the Standard Pre-Employment Report are numbers 3 and 5. Clearly, those best qualified to take the application and conduct the interview include the employer, supervisor, or human resources personnel.

There are several options available in the Standard Pre-Employment Report.

Option 1. Includes checks of Florida Statewide Criminal Records, Florida Litigation (county of residence) Records, a Florida Driving Record, Employment Verification and Personal Reference Verification (all of the steps in Florida Statute 768.096 but taking the application and conducting the interview.)

Option 2. Includes a check of Florida Statewide Criminal Records, Florida Litigation (county of residence) Records and a Florida Driving Record.

Option 3. Includes a check of Florida Statewide Criminal Records and a Florida Litigation (county of residence) Records.

NOTE: Options 2 & 3 assume the employer will conduct other necessary searches. Average turnaround: Option 1. 24 to 48 hours, Options 2 & 3
1- hour or less!