Employment verification on military applicants may be tougher compared to that of civilians. This is due to the kind of service they provide.
Most of the military positions are concerned with national security. Therefore, it would be a matter of life and death to choose candidates unwisely.
If you are a military candidate who has been through a background check but has been subjected to unnecessary mandates, you may have a claim.
Why It’s Vital To Conduct Background Checks On Military Veterans Or Candidates
Whether you are applying for a job and no security clearance is required, or you are a veteran who wants to be promoted to another level. You will still be subjected to an employment background check in California.
However, not every background check is legal; some are conducted illegally, which poses problems to candidates or veterans. For instance, an improper background check may result in your employment denial every time you go to an interview.
Being subjected to an illegal background check is not the end; you can correct the information obtained from such checks. Military background checks are conducted for many reasons. And anyone who wants to join the military group has to undergo these checks. Some of the common checks done to military service applicants or veterans include:
- Criminal history: Criminal history on veterans or job applicants must be extensively done. However, when getting criminal history, the employer has to comply with the federal Fair Credit Reporting Act (FCRA).
Note that a criminal history cannot necessarily be used to deny one to join the military. One is allowed to obtain a waiver of admittance. However, if the criminal history emanated from family violence, financial issues, or even substance use, it’s likely that no waiver will be allowed. You cannot be granted to join the military service for most of the offenses, such as domestic issues, unless you have been pardoned or have your records expunged - Driving records: If your duty requires you to drive other employees or deliver ammunitions your driving records will be scrutinized.
- Credit checks: Though the military may not be concerned with your financial health, excessive debt may be a disadvantage to you. Poor credit rating can deter your advancement on the military ladder.
Employers conduct military service background checks for many reasons, including:
- To reveal the truthfulness of the applicants: Some applicants are good at lying. Claiming to possess what they do have or may lie about their criminal history. A proper background check can help detect any disparity of the information given by the applicant.
- To protect the company’s reputation: A company may have spent lots of years to build up their reputations. Such reputation may be trampled down by a single background check mistake.
- To ensure they are free from negligence hiring claims: For instance, if a military candidate or a veteran injured other employees, the employer may be held liable for negligent hiring. It can be argued that if there were proper background checks, they would have discovered the applicant’s criminal history. Background screening provides an insight into whether one may cause harm to the United States. It’s the duty of every employer to ensure the employees are safe from harm by others.
- To hire qualified applicants: No one would want to hire somebody who is not conversant with operating the required ammunition. With a background check, it’s possible to gauge the applicant’s job experience.
If You Have Been Subjected To Illegal Background Checks
If you believe in having been subjected to unnecessary military background checks, you may have a claim. But there are a few things you will need to prove.
In any military employment screening, the following is to apply:
- Any background check should be performed with your consent. However, at times, doing a background screening may be allowed, such as theft from employees.
- The employer may only be required to ask limited questions which are relevant to the work experience or training received.
- The employer must be reasonable: Some employers get into details while performing these checks. For instance, an employer may go to the extent of questioning neighbors about your conduct.
Note that the scope of background screening on job applicants may vary depending on your position or what you applied for. However, refusing to answer questions may lead to disqualification.
All federal employees or anyone who wants to join the military service has to undergo screening under the FBI criminal database and other tests such as drug tests.
If your employer conducted an illegal background check, you have a right to file a claim to dispute.
You have a right to privacy, and not every record should be scrutinized. Your documents should only be released for limited reasons when consent has been obtained. But in case of the duty to be assigned or ranks, your employer may use such record without any consent
