You asked for it–you got it! “Ask Angela” is your chance to ask those nagging compliance questions that keep you up at night and have you scratching your head. Thanks for all of your great questions—keep ‘em coming! This month the question relates to who is able to obtain a copy of an employment background check.
We have EmployeeScreenIQ do all of our background checks for us. We are a temporary employment agency where we place engineers/technicians with our clients. The employees are W2 employees of our company.
My question is: One of our clients has requested a copy of the background results for our employees that we have working at their facility. We wanted to make sure it is legal for us to pass on [the background report] to our client without getting ourselves into trouble.
I love this question. It comes up all the time with clients, human resources departments in staffing firms, temporary placement agencies, and Professional Employer Organizations (PEOs). It can also apply when a company hires contractors to work on the premises. Here is how it usually goes: The staffing company has a contract with a third party background screening company to conduct background checks for them. Those applicants become employees of the staffing company (the “Employer”), but they are actually temporary employees working on site for the Employer’s client (who we’ll call “Client”). In Cynthia’s scenario, the Client asks to see a copy of the background check.