
Massachusetts
(MA) Pre-Employment
ScreeningPre Employment Screening In
Massachusetts
National Employment Screening provides professional pre employment screening
services to Massachusetts employers to help you protect your employees and clients
from the costly effects of making a "Bad Hire."
We provide employment screening and employment background check services
for Boston, Lowell, Springfield, Cape Cod, Scituate, and other Massachusetts cities.
Call anytime to get more information about our Massachusetts
Employment screening services at 800.459.3034.
Massachusetts state wide criminal records are not recommended
as the sole source of criminal records as many counties in
Massachusetts do not report at
all or
are extremely slow in reporting arrest records.
Massachusetts
law concerning criminal records for persons with "only" one
misdemeanor conviction for the following crimes: drunkenness, simple assault,
speeding, minor traffic violations, affray, or disturbance of the peace requires
that employers may not, under any circumstances, inquire or maintain records
related to an employee's or applicant's first conviction.
Massachusetts employers
cannot use any misdemeanor conviction records where the date of conviction (or
the date of the completion of incarceration, whichever is later) took place five
or more years prior to the date of employment, unless the applicant has also
been convicted of any other offense within the five years immediately preceding
the date of application.
Massachusetts employment screening law: Massachusetts Reporting Restrictions (Enacted 1974)
MGL/93-52
No CRA may report records of arrest, indictment, or conviction
of crime, which from date of disposition, release, or parole, antedate the
report by more than seven years.
Exception: If salary will be equal to $20,000 or more, the
7-year restriction does not apply.
No doubt these laws are well intended but they also prevent employers from
effectively screening undesirable employees from the beginning.
In Massachusetts a county
criminal background check should be requested an all prior counties of residence in
order to have the most complete and up to date background check information. A
complete address history can usually be obtained from a social security number
trace which will provide all addresses associated with a particular social
security number for the past 10 years.
Massachusetts employment screening law:
Giving Employment References
Apparently, Massachusetts employment screening law does not
provide specific protection to employers as it relates to supplying references
concerning past employment.
It would seem that previous employers may provide any non-confidential
information about a previous employee, so long as it's true and isn't provided
to maliciously harm the employee. An employer who provides false information
that disparages the employee may be liable for defamation. Lacking specific
protection by state law, In order to avoid potential liability, many employers
often refuse to comment on a past employee's job performance and confirm only
minimal information such as dates of hire and separation, plus wage or salary
information.
This practice, however, leaves employers between the
proverbial "Rock and a Hard Place" as they may find themselves the target of a
lawsuit from a subsequent employer for failing to disclose a potentially
dangerous employee.
Call anytime to get more information about our Massachusetts Employment screening
services at 800.459.3034.
Massachusetts
restricts vendor
reporting of criminal conviction information to seven years:
Please note that Federal
employment screening law mandates background checks for employees who are engaged in particular
industries. The Office of Inspector General of the Department of Health and
Human Services maintains a list of individuals who are excluded from
participation in any of its federally-funded healthcare programs. Exclusions are
due to convictions for program-related fraud and patient abuse, licensing board
actions and default on health education assistance loans. Therefore, employers
in affected industries should check the
OIG Exclusion list
before hiring employees who might work in such programs. The FACIS program is
also very important when screening medical personnel.
Click Here
for more information on FACIS.
Pre employment screening and employment background check services available in Massachusetts: (Click on each link for
more information)
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in the following states.
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and procedures should be reviewed by your legal counsel before being used in any
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