background checks

New rules regarding police record checks: Employers take note

October 29, 2018 Employer Advisor, McCarthy Tétrault LLP Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Privacy and Security, Recruiting and Hiring

On November 1, 2018, Bill 113, Police Record Checks Reform Act, 2015 will come into effect in Ontario. Employers should take steps now to ensure that their police record checks policy and procedures are in compliance with the new standardized procedure.

background checks, employment law, police record checks

To google or not to google? Candidate background checks

October 10, 2018 Lisa Stam, Spring Law Human Resources, Human Rights, Recruiting and Hiring

In the information age it’s usually relatively easy to find out all about someone by doing a simple Google search. The burning question of online daters, “do I google my date before the date?” applies equally to employers. Can, and should, an employer background check a candidate? If so when? And how deep can and should they go?

background checks, employment law, human rights code, protected grounds of discrimination

The legalities of criminal, credit and medical checks in HR

November 10, 2017 Occasional Contributors Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Privacy and Security, Recruiting and Hiring

Many employers requesting personal information related to criminal, credit or medical circumstances may consider the requests to be legitimate in creating or maintaining the working relationship. However, they should be careful what they wish for.

background checks, bona fide occupational requirement, Business Practices and Consumer Protection Act, credit checks, criminal and credit and medical checks, criminal background checks, Criminal record check, employment law, human rights code, human rights law, medical checks, medical examinations, Reference checks

Social media background checks and privacy laws

June 12, 2017 Employer Advisor, McCarthy Tétrault LLP Employee Relations, HR and Technology, HR Policies and Procedures, Human Resources, Privacy and Security, Recruiting and Hiring

Social media has drastically changed the way people communicate and do business. Naturally, employers may want to take advantage of the convenience of performing background checks on social media. But with increased use of social media comes increased risk of a privacy violation.

background checks, employment law, privacy laws, social media

Requesting background checks after employment starts

February 15, 2017 Simon Heath, BA, MIR, LLB, Heath Law Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Recruiting and Hiring, Source Deductions and Reporting, Union Relations, Wages and Compensation

In a recent Ontario Superior Court decision it was held that an employer’s decision to request a criminal background check after employment had commenced was lawful under the applicable 12–month fixed term contract and the employee was not entitled to damages when her employment was terminated after she refused to consent to the background check.

background checks, background checks during employment, Covenoho v. Pendylum Inc., employment law, employment standards act, termination of employment, termination pay

Three popular articles this week on HRinfodesk

February 2, 2017 Cristina Lavecchia Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Recruiting and Hiring, Source Deductions and Reporting, Union Relations, Wages and Compensation

The three popular articles this week on HRinfodesk deal with: Employee background checks; employee resignations; and current and upcoming minimum wage.

background checks, employee quits, Employee resignation, Employment background checks, employment law, General Minimum Wage, increases minimum wage, minimum wage, termination

British Columbia Privacy Commissioner calling for changes to employee criminal record checks

July 26, 2012 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Human Resources, Privacy and Security, Recruiting and Hiring

On July 25, 2012, British Columbia’s Privacy Commissioner Elizabeth Denham published an investigation report recommending changes to the B.C. government’s use of criminal record checks to assess current and future employees.

background checks, British Columbia Privacy Commissioner, criminal records checks, employee criminal record checks, employment law, employment-related record checks, Freedom of Information and Protection of Privacy Act, Reference checks, risk of liability

The social interview: a case study

March 20, 2012 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Human Resources, Privacy and Security, Recruiting and Hiring

Recruiters and employers use social media to screen job applicants on a daily basis. Employers are Googling, Facebooking and checking tweets, walls, status updates and photos of prospective employees, including Linkedln accounts, as a first step in recruiting.

From this new employment practice the concept of the social interview was born.

background checks, Employment background checks, employment law, facebook, HR Apps, job candidate, Labour Law, References, selection process, Social interview, social media, social networking

Employers may not be able to conduct Facebook checks on prospective employees

September 3, 2010 Christina Catenacci Human Resources, Privacy and Security, Recruiting and Hiring

I just read an interesting article saying that Germany may be the first to pass a law making it illegal for prospective employers to spy on applicants’ private postings on Facebook. Do you think this type of law could ever be passed in Canada?

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The importance of fact-checking résumés

June 25, 2010 Christina Catenacci Human Resources, Recruiting and Hiring

As the competition for jobs increases during these tough economic times, many job applicants are tempted to bend the truth by embellishing or omitting information on their résumés. That is why it is important to fact-check résumés…

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Background checks: Of job applications and credit checks

March 2, 2010 Adam Gorley Human Resources, Recruiting and Hiring

Starting in 2006, Mark’s Work Wearhouse in Alberta was running background credit checks on employees looking for work at the clothing store. Not criminal record checks; not general reference checks; credit checks.

Alberta, background checks, credit checks, discrimination, employment reference, personal information, PIPA, privacy, privacy legislation, private sector privacy legislation, reference checking

Background checks: Prospective employer asking for reference — Is it safe to provide?

February 26, 2010 Christina Catenacci Human Resources, Recruiting and Hiring

Upon first thought, employers may not be sure what to do when a prospective employer calls asking for a reference on a former employee. Is it safe to provide a reference when a prospective employer is conducting a background check on one of your former employees?

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