The Dos and Don’ts of Background Checks

Tips to avoid liability once you have narrowed the applicant pool

9. DON’T Rush Through the Process or Cut Corners. The process of having all of the correct forms, getting authorization for the background check, sending out pre-adverse action information or letters (if required in the specific jurisdiction) and/or post-adverse action information or letters can be confusing, tedious and time consuming. Take the time to work through the steps, with employment counsel if necessary, so that you understand and have a sound process in place that can easily be followed with every applicant/employee. This will help ensure that the company can use background checks or consumer reports, to help bring in the best employees, while minimizing potential liability.


James Dye is an associate in the Irvine, Calif., office of Fisher & Phillips LLP. He represents employers in various aspects of labor and employment law. He can be reached at More information is available at