The Authorization for Release or Consent Form at first appears like a menial and inconsequential document. It is anything but that. For employers to comply with the Fair Credit Report Act, FCRA, it is essential that the employer have its job candidates fill out and sign this consent form. The signature on the consent form is proof that the employment candidate has agreed to submit to background checks.
The employer is then required to keep the authorization and release form on file. Even if the employer ultimately decides not to hire the candidate, the employer must keep the consent form on file for a minimum of three years. If a current employee leaves the company, then that employer is, likewise, responsible for keeping the consent form on file for a minimum of three years. Of course, while the employee continues to work for the employer, the employer must retain the consent form in perpetuity.
Without possession of a signed consent form, the employer risks a litigation and liability issues from dissatisfied or rejected job candidates who later claim the employer ran the different background checks without authorization. As conducting pre-employment or employment background checks without authorization is in violation of the FCRA and the federal labor laws, this can mean trouble for the employer. The last thing employers need is expensive litigation and public embarrassment.
Corra Group has always provided authorization and release forms for any client wishing to conduct background checks. While Corra Group will accept most client’s personal consent forms, we recommend that our clients not be too specific in the types of background checks they will be researching. While some limit the consent form to allow for retrieval of criminal records history, or Motor Vehicle Driving Reports, MVRs, etc. it is always better to be more general and allow for flexibility. By issuing a more universal consent form, there are few if any limitations to the types of background searches an employer can research. Additionally, if an employer marks its release form for “employment,” and not “Preemployment” employer is free to expand its searches at any time.
Corra Group has upgraded its release form so that it is writable. This should make your human resources personnel happy as your employment candidate is now able to type in his information and then sign by hand. The new process makes for a more legible consent form, and with the identifiers easy to read there is less of a chance for making mistakes with your background checks.
If you would like, we are happy to email you our new consent form. Or find in online under services on our Corra Group home page. Of course, there is no charge for providing our new consent form.
Remember, check them out before you hire.
