When to Reverify Your Employees? A Guide for Employers

As an HR professional, you know that background checks are essential for ensuring the safety and security of your workplace. However, conducting a background check on a new hire is only the first step in the process. Understanding when and how often to reverify your employees is important to maintain a safe and secure work environment.

In this blog post, we’ll explore the importance of reverification, what, how, and when to reverify your employees. We’ll also touch on the legal considerations and best practices for recertification.

Why Reverification Is Important

The reasons for reverifying your employees are numerous. An employee’s personal and professional circumstances can change, which can impact their suitability for their current role. Additionally, incidents of misconduct or criminal activity can occur at any time. Screening again can help identify these changes and mitigate potential risks.

Reverification can also help build and maintain trust with clients and customers. Clients may have their own requirements for screening employees, and if they find out that you’re not conducting regular screening, it can damage your relationship and your reputation.

Employee Reverification refers to the process by which employers periodically review and confirm the accuracy of their employees’ records, credentials, and legal eligibility to work. This process is essential to ensure that all information is up-to-date and compliant with relevant laws and regulations.

Importance of Periodic Reverification for Employers

• Risk Mitigation: Regular reverification helps in identifying discrepancies and potential issues, thereby reducing legal and reputational risks.
• Legal Compliance: It ensures that employers are compliant with employment laws, avoiding penalties and sanctions.
• Enhanced Trust: It fosters a sense of transparency and trust between employers and employees, creating a more harmonious workplace environment.
• Accuracy of Records: Maintaining accurate employee records is crucial for administrative accuracy and operational efficiency.

Brief Overview of Different Checks Employers Can Conduct

• Criminal Background Checks: To identify any criminal history that may impact the employee’s role.
• Employment Eligibility Verification (Form I-9): To confirm the legal eligibility to work in the country.
• Credit History Checks: Especially important for roles involving financial responsibilities.
• Professional License and Certification Verification: To ensure that employees have the necessary qualifications for their roles.

What to Reverify For

When deciding what to reverify for, it’s important to consider the risks associated with the role an employee is in. For example, an employee in a financial position should undergo a credit check, while an employee with access to sensitive information should undergo a background check.

In addition to criminal background checks and credit checks, employers may also consider re-verification for drug use or driving records. The specific screenings you choose should be based on the needs of your organization.

The Need for Reverification

A. Changes in Employee Circumstances

• Change in Marital Status:
  • Marital status can affect benefits, emergency contact information, and tax withholdings. It is crucial to keep this information updated to avoid any administrative discrepancies.
• Change in Address:
  • An updated address is essential for mailing paychecks, tax forms, and other official communications. It also helps in maintaining accurate contact information in case of emergencies.

B. Changes in Employee Role

• Promotion:
  • A promotion may come with different responsibilities and may require additional checks or verifications to ensure the employee is suited for the new role.
• Change in Job Responsibilities:
  • Changes in job responsibilities, even without a promotion, may necessitate reverification to confirm that the employee has the required skills, qualifications, and eligibility for the new tasks.

C. Legal Compliance and Risk Mitigation

• Immigration Laws and Work Authorizations:
  • Employers must regularly verify the work authorizations of their employees, especially those on visas, to ensure compliance with immigration laws and avoid legal repercussions.
• Regulatory Compliance:
  • Different industries are subject to various regulations, and employers must ensure that their employees comply with all relevant laws and standards. Regular reverification helps in identifying any non-compliance and addressing it promptly.

How Often to Reverify Employees

The frequency of re-verification will depend on a variety of factors, such as the employee’s role, level of risk, and industry standards. Many employers choose to conduct rescreening annually or every few years.

For high-risk positions, such as those in finance or healthcare, more frequent screening may be necessary. Changes in an employee’s personal life, such as a divorce or bankruptcy, may also warrant additional screening.

Types of Reverification Checks

A. Criminal Background Checks

• Importance:
  • Safety and Security: Regular criminal background checks are crucial to maintaining a safe and secure workplace environment. They help in identifying individuals with a history of violent or harmful behavior.
  • Reputation Management: Employers need to protect their reputation by ensuring that their employees do not have a criminal history that could harm the company’s image.
  • Legal Compliance: Some industries and roles require mandatory criminal background checks to comply with local, state, or federal laws.
• Frequency:
  • The frequency of criminal background checks depends on company policy, industry standards, and legal requirements. Some companies conduct them annually, while others may do so biennially or in response to specific incidents or concerns.

B. Employment Eligibility Verification (Form I-9)

• Importance:
  • Legal Work Authorization: Verifying employment eligibility is mandatory to ensure that employees have the legal right to work in the country. It helps in avoiding legal penalties associated with employing unauthorized workers.
  • Immigration Compliance: Regular verification of Form I-9 ensures adherence to immigration laws and regulations, especially for employees on visas or work permits.
• Frequency:
  • Employers are required to complete Form I-9 for every employee at the time of hire. However, reverification is necessary when an employee’s work authorization or documentation expires, and it needs to be updated with current, valid documentation.

C. Credit History Checks

• Importance:
  • Financial Responsibility: For positions involving financial transactions or access to sensitive financial information, a credit history check is essential to assess an employee’s financial responsibility and integrity.
  • Risk Assessment: It helps in evaluating the risk of financial fraud or misconduct, especially in roles with significant financial authority or access.
• Frequency:
  • The frequency of credit history checks is typically determined by the nature of the role and company policy. It may be conducted periodically or in response to specific concerns or changes in employee responsibilities.

D. Professional License and Certification Verification

• Importance:
  • Qualification Validation: Verifying professional licenses and certifications is crucial to confirm that employees have the required qualifications and are in good standing with licensing bodies.
  • Regulatory Compliance: Many industries have mandatory licensing requirements, and regular verification ensures compliance with these regulations.
• Frequency:
  • This should be done at the time of hire and periodically thereafter, especially when licenses or certifications are renewed or when there are changes in industry standards or regulations.

IV. When to Reverify

A. Triggering Events

• Employee Role Change:
  • Any significant change in an employee’s role or responsibilities may necessitate additional verifications to ensure the employee meets the new requirements.
• Expiration of Work Authorization:
  • Employers must reverify employees when their work authorization or documentation expires to ensure continued compliance with immigration laws.

B. Scheduled Reverification

• Annual or Biennial Checks:
  • Some companies implement a policy of conducting regular reverification checks, such as annually or biennially, to maintain updated and accurate employee records.
• Compliance with Company Policy:
  • Adherence to scheduled reverification is crucial for maintaining internal compliance with company policies and procedures.

C. Legal and Regulatory Requirements

• Changes in Laws and Regulations:
  • Employers need to stay informed about any changes in employment laws and regulations and conduct reverification as required to ensure ongoing compliance.
• Compliance Audits:
  • In case of audits by regulatory bodies, employers may need to conduct reverification to validate the accuracy of employee information and compliance with applicable laws.

There are several situations when reverifications may be necessary. For example, if an employee is promoted to a higher-risk role or if they’re involved in an incident that raises concerns about their suitability for their current role.

Changes in an employee’s personal life can also warrant rescreening. For example, if an employee is arrested for a crime or files for bankruptcy, it may impact their ability to perform their job duties effectively.

Legal Considerations for Reverification

Employers must comply with federal and state laws when conducting background checks, including reverifications. The Fair Credit Reporting Act (FCRA) sets out specific requirements for employers who use consumer reports for employment purposes.

Employers must provide written notice to employees and obtain their written consent before conducting a background check. They must also provide a copy of the report to the employee if adverse action is taken based on the report.

Best Practices for Rescreening Employees

To ensure an effective re-verification program, employers should establish clear policies and procedures for rescreening. This includes identifying which positions require rescreening, what types of reverifications will be conducted, and how often screening will occur.

Communication is also important. Employers should inform employees about the rescreening process, including why it’s necessary and what to expect. This can help build trust and ensure employees understand the importance of maintaining a safe and secure workplace.

Benefits of Regular Reverification

A. Enhanced Workplace Safety

• Proactive Risk Management:
  • Regular reverification acts as a proactive measure to identify potential risks and threats, thereby contributing to a safer workplace environment.
• Identification of Red Flags:
  • It helps in uncovering any discrepancies or alarming findings in an employee’s background, allowing employers to address issues promptly.
• Employee Well-being:
  • A secure workplace fosters a sense of well-being among employees, promoting a positive and productive work atmosphere.

B. Legal Compliance and Reduced Liability

• Avoidance of Legal Penalties:
  • Staying compliant with employment laws through regular reverification helps in avoiding fines, penalties, and legal repercussions.
• Liability Shield:
  • Employers can reduce their liability by ensuring that all employees are legally eligible to work and do not pose any risks, safeguarding the organization against potential lawsuits and damages.
• Regulatory Adherence:
  • Regular updates and checks ensure that employers are always in line with the latest regulatory requirements and industry standards.

C. Improved Accuracy of Employee Records

• Data Integrity:
  • Regularly updating and verifying employee information ensures the integrity and accuracy of employee records.
• Operational Efficiency:
  • Accurate records are essential for smooth operational workflows, reducing administrative errors and enhancing overall organizational efficiency.
• Informed Decision-Making:
  • Accurate and up-to-date employee information aids in making informed decisions regarding promotions, role changes, and other HR-related matters.

D. Strengthened Employer-Employee Trust

• Transparency and Openness:
  • A transparent reverification process fosters a sense of openness and mutual respect between employers and employees.
• Employee Engagement:
  • Employees are more likely to be engaged and committed when they perceive their employers as trustworthy and fair.
• Organizational Culture:
  • Regular reverification contributes to building a positive organizational culture centered around trust, integrity, and mutual respect.

Challenges and Solutions

A. Employee Resistance

• Addressing Concerns:
  • Employers should address any concerns or apprehensions employees might have about the reverification process, clarifying the purpose and importance of the checks.
• Clear Communication:
  • Providing clear and concise communication about the reverification process, its implications, and employees’ rights can help in alleviating fears and uncertainties.

B. Administrative Burden

• Efficient Reverification Processes:
  • Implementing streamlined and efficient reverification processes can help in reducing the administrative burden and ensuring timely completion of checks.
• Utilization of Technology:
  • Leveraging technology and automation can aid in managing and conducting reverification checks more efficiently, reducing manual errors and saving time.

C. Legal Compliance

• Staying Informed about Legal Changes:
  • Regularly updating knowledge about changes in employment laws and regulations is crucial for staying compliant and avoiding legal pitfalls.
• Seeking Legal Counsel:
  • Consulting with legal counsel can provide valuable insights into the legal aspects of reverification and help in navigating complex regulatory landscapes.

Reverification with IDfy