Human Resource Management

What specific legal problems do you think Rosen might run into because of his firm’s screening methods?

I think it is natural for an employer to request a potential employee provide references, however, the potential employer, under the law cannot ask if the applicant was fired. The issue is the potential employer did not stipulate in the application that the company would check their credit, worker’s compensation history or driving violation history. Because Mr. Rosen does financial planning, it would be in his best interest to check a candidate’s credit. If the potential applicant has less than stellar credit, he/she would be more likely to steal from his high profile clients. His reputation and the integrity of his business is at stake, therefore, all precautions must be taken to protect the client.

“Federal and state laws require that background checks be conducted for certain jobs. For example, most states require criminal background checks for anyone who works with children, the elderly, or disabled. The federal National Child Protection Act authorizes state officials to access the FBI's National Crime Information Center (NCIC) database for some positions. Many state and federal government jobs require a background check, and depending on the kind of job, may require an extensive investigation for a security clearance” (Privacy Rights., 2011).

How would you suggest he eliminate these problems?

I would suggest that Mr. Rosen place a document in the applicant’s packet stating that credit history, driving record and the like will be analyzed. If the candidate does not want to sign the document, they are of the understanding that they will no longer be considered for employment.

Given what you know about Rosen’s business, write a two- page proposal describing an employee testing and selection program that you would recommend. Say a few words about the sorts of tests, if any, you would recommend and the application form questions you would ask, as well...