Often employers will allow an employee to begin working prior to all of the background
information being completed. This type of conditional employment is meant to only last a few days until background screening and drug testing results are completed. In this way, the employer can start training the employee and there is no delay. The employee begins working while the results are pending and continues with no break in employment if all screening comes back satisfactory.
Occasionally, there is something in either the background check, or drug screen that is
unfavorable to the employee and the employer is unable to continue employing them as a
result. In these instances, the employer will separate the employee and they will file for
benefits. It is important to understand that these separations are not disqualifying for
unemployment purposes as the claimant failed the background check or drug screen based on pre-employment behavior. The claimant was simply not subject to the employer’s policies at the time of the conduct and therefore it can not be considered employment misconduct.
Employment termination based on pre-employment drug screens or background checks will qualify for benefits and the employer may be charged if applicable. It is not in an employer’s best interests to spend significant time on these cases by taking them to hearing. In most circumstances these employees only work at most a few days and the actual liability is extremely low if there is any.
If you have questions regarding Pre-Employment background checks, your Hearing Consultant or Hearing Representative will advise you and help answer any questions you may have to help you prepare the strongest case possible.
Thank you to our partner, Equifax, for providing this useful tip.