Deck 5: Background Checks, References, and Verifying Employment Eligibility

Question 1

A company hired a file clerk,but did not inquire into his criminal history.In fact,he has had several convictions for driving while intoxicated.On a lunch break,he got drunk and assaulted a waitress at a nearby restaurant.If the waitress sues the employer,a court would most likely decide that:

A)the employer is liable under respondeat superior for the harmful act of the employee because it occurred during the workday
B)the employer is liable for negligent hiring because the employer had an obligation to check his criminal background, it did not do so, and this led to him harming another person
C)the employer is not liable for negligent hiring because the employee did not assault the waitress on company property
D)the employer is not liable for negligent hiring because the job does not subject people to risk, and the evidence of unfitness was not related to the job
E)none of the above

Answer 1

D

Question 2

Which of the following is a defense to a defamation claim against an employer?

A)the employee gave his consent to make the statement
B)the statement was within the employer's qualified privilege
C)the statement was truthful
D)all of the above
E)none of the above

Answer 2

D

Question 3

A former employee of your firm was dismissed when it was suspected that she had stolen from the petty cash account.It could not be proven,but suspicions were strong enough that the firm decided to let her go.She has now applied at another firm,and listed your firm as a reference.What should you do?

A)tell the prospective employer about your suspicions, or you might be held liable if she steels money from them and you didn't tell them
B)don't tell them about your suspicions; just give her a glowing reference
C)don't tell them about your suspicions; just give a "service" reference
D)any of these is an acceptable choice

Answer 3

C

Question 4

You've now been on the job for a few months in your role as Assistant Human Resources Director,and have acquired some experience in interviewing and background checks.While doing a background check on a candidate for a secretarial position,you discover that the candidate was arrested several years ago while in college,and accused of damaging university property.What should you do?

A)disqualify the candidate for unfitness
B)talk to the candidate to find out what the report is all about
C)disregard the report, as it's an arrest, and not a conviction
D)none of these

Question 5

A salesman was to attend a meeting in a nearby city,but as he traveled there in his car,traffic was light,and he arrived about an hour early.Deciding not to waste the time,he went to a nearby shopping center to search for a birthday gift for his son.He found a tablet that he knew the boy would like,and headed out to drive to the building where the meeting was to be held.As he backed out of the parking space,however,he hit another car,damaging the car and injuring the driver.Under the doctrine of respondeat superior,is his employer liable for the accident? Why or why not?

A)Yes, the employer is liable for the accident because the salesman was driving to attend a company meeting
B)No, the employer is not liable for the accident because the salesman was on an errand of his own at the shopping center

Question 6

"Knowledge" as an element of the tort of negligent hiring,means that:

A)the employer knew the employee was unfit
B)the employer should have known the employee was unfit
C)the employer would have known the employee was unfit if it had done an appropriate background check
D)any of these might constitute such "knowledge"
E)none of these constitutes such "knowledge"

Question 7

In order to avoid liability for negligent hiring,the primary question an employer must consider is:

A)whether the employer's own written hiring policies are adequate
B)whether placing an unfit person in the particular job could be expected to result in harm
C)whether there is evidence of a candidate's unfitness that could be found through a thorough personal interview with the applicant
D)all of the above
E)none of the above

Question 8

The Fair Credit Reporting Act refers to which two kinds of reports?

A)a consumer credit report, which reports only credit-worthiness, and an investigative report, which reports the results of interviews with neighbors, colleagues, and the like
B)a consumer credit report, which reports credit information and general character information, and an investigative report, which reports the results of interviews with neighbors, colleagues, and the like
C)a fair credit report, which guarantees accuracy, and a character reference report, based on personal interviews of neighbors, colleagues, and the like

Question 9

After three weeks in your new position as Assistant Human Resources Director,the HR Director has asked you to take a candidate all the way through the process,from application to interview,to background check.The firm has an opening for an electrical engineer who is proficient with construction blueprints.The engineer will be helping to build the company's new warehouse,which is about to begin construction.Which of the following steps would be necessary to take during the background check?

A)do a thorough criminal background check through all 50 states
B)check to see that the applicant has a degree in electrical engineering
C)check references at the applicant's former places of employment
D)all of these
E)b and c only

Question 10

While doing a background check on a candidate who is superbly qualified for the sales job for which he has applied,you learn that he was dishonorably discharged from the U.S.Army.When you ask him about it,he explains that he was 18 years old at the time,and the death of his father,whom he had only recently met,had a devastating impact on him.He began to drink to excess,often failed to report to his duty station.After his dishonorable discharge,he righted himself,started working,and got counseling.Everyone at your firm who has interviewed him found him to be very personable,and very able,and they're eager for him to start.You've told them about the dishonorable discharge,and it's made no difference to their decision.Should you tell other employees about the dishonorable discharge?

A)Yes
B)No

Question 11

A valid background check should NOT include:

A)checking an applicants marital status
B)verifying an applicants military service
C)checking an applicants driving record
D)verifying an applicants degrees and/or licenses
E)none of the above may be validly inquired into

Question 12

Which of the following is true regarding criminal background checks?

A)an employer is required to do a criminal background check for all applicants; otherwise, it may be deemed guilty of discrimination if it does checks for some types of jobs but not for others
B)a thorough criminal background check is required only when the applicant will be working with money
C)employers should consider the seriousness, recentness, and job-relatedness of convictions before denying employment on that basis
D)all of the above
E)none of the above

Question 13

Negligent hiring:

A)makes employers liable for harm that occurs when employees act within the scope of their employment
B)makes employers liable for any harm that is caused by their employees
C)makes employers liable for harm that occurs when employees who were not properly screened act outside the scope of their employment
D)all of the above
E)none of the above

Question 14

A project manager applied for a job,and listed his previous employer as a reference.When the prospective employer called,the man who gave a reference for the project manager falsely implied that the project manager was incompetent,even though he had never worked with or supervised the employee,nor checked any employment records.The project manager did not get the new job.If the project manager sues his former employer for defamation,the court will likely rule that:

A)the employer did not defame the former employee because its statements were merely opinions and did not purport to be factual
B)the employer did not defame the former employee because the statements, although harsh, were truthful
C)the employer defamed the former employee because statements made in references are not subject to qualified privilege
D)the employer defamed the former employee because the employer was recklessly indifferent to the truthfulness of the statements made

Question 15

Which of the following statements is NOT true?

A)Employers must always perform a criminal background check before hiring an employee
B)Employers must always conduct a thorough and comprehensive background check of every applicant
C)Employers must obtain an applicant's consumer credit report
D)all of these are true
E)none of these is true

Question 16

Under the Fair Credit Reporting Act,employers must do which of the following?

A)notify an applicant that the employer plans to reject her based on information from a credit report
B)obtain the consent of an applicant before conducting any background check
C)verify that the information in a credit report reasonably appears to be accurate
D)all of the above
E)none of the above

Question 17

Mike is the chair of the management department at a local university and Tom is an
Ethics professor in that department.They dislike each other immensely due to a number
Of professional and social disagreements.Mike calls Tom into his office and closes the
Door.He then informs Tom that he believes that Tom is guilty of plagiarism and also
Guilty of an improper sexual relationship with Kathy,a 19 year old management student.
In fact,Tom is a happily married man who is extremely well respected in the community
And has never committed adultery.Deeply believing in ethics,he has never committed
Plagiarism in his life.Furthermore,he has always been absolutely professional with
Regard to his student Kathy.Tom vehemently denies these charges and as he gets up to
Leave,Mike states,"Give me any more trouble and I go public." Tom goes right to his
Attorney who files a defamation law suit that afternoon.

A)Tom will win because the statements are both lies, challenging his integrity and character
B)Tom will win because his reputation has been damaged
C)Mike will win because as chair, he has a qualified privilege to make these types of statements
D)Mike will win because the statements were not published

Question 18

The Immigration Reform and Control Act:

A)requires that employers not hire or employ aliens
B)requires that employers not discriminate based on national origin and citizenship
C)allows employers to hire an unlimited number of foreign nationals under the H-1B visa program
D)all of the above
Enone of the above

Question 19

Which of the following steps could an employer take that would help to eliminate possible claims of defamation?

A)obtaining a signed consent from a former employee, authorizing the employer to provide information about her job performance
B)negotiating an agreed letter of reference for an employee who is leaving
C)giving only information that verifies that the former employee worked for the employer, the rate of pay, and the dates of employment
D)all of these

Question 20

Which of the following is a true statement regarding employer compliance with the
Immigration Reform and Control Act?

A)employers must verify a person's eligibility to work in the United States before the new employee begins work
B)employers are required to copy and retain copies of the documents used by the employee to prove eligibility to work in the United States
C)if they appear to be genuine, employers are not required to investigate or verify the authenticity of documents presented or supplied by the employee
D)employees must present certified copies of whatever documents they use to verify eligibility to work
E)all of the above

Question 21

You have been hired as the assistant director of a company's Human Resource Department.The director calls you in and tells you that she is considering a suggestion to the Board of Directors that the company adopt a policy of refusing to give substantive information on employee references.She asks you if adopting such a policy makes sense.What advice will you give to her?

Question 22

1.Why is each of the following good legal advice?
Background checks must be more extensive when hiring for positions in which unfit employees could do serious harm to others.

Question 23

1.Why is each of the following good legal advice?
Employers should document all efforts to obtain information on job candidates,even when those efforts are not successful.

Question 24

1.Why is each of the following good legal advice?
Employers should consider,on an individual basis,the seriousness,job relatedness,and recentness of any criminal convictions before using them as grounds for denying employment.

Question 25

1.Why is each of the following good legal advice?
For all persons hired,employers must view documents establishing identity and eligibility to work in the U.S.and record the documents examined on I-9 forms.

Question 26

1.Why is each of the following good legal advice?
Former employers should verify the identities of persons seeking information about former employees,such as by requiring that requests be made on company letterhead.