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Last Update:  2/14/2013
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PRESS RELEASE
Authorization and
Release of Liability Form

You need to have each Candidate sign an Authorization because that is the Federal law. You should also have the Authorization serve as a Release of Liability, for both you AND your suppliers, because the sources -- courts, DMVs, employers, credit bureaus -- do make errors. In fact, some courts now REQUIRE that they be included in the Authorization and Release of Liability Form, to protect them from the human errors of their employees.

You need to realize that this Form should NOT have a time out clause, because it is as important after you hire someone, as it is when you are trying to gather the information to hire them in the first place. If a crime related to your organization occurs, you may need the authorization to do an investigation. And, in the most recent amendments of the FCRA, the government specifically spells out that you MUST have a signed Authorization to investigate a current employee -- for WHATEVER reason.

The initial critical elements of an Authorization and Release of Liability Form are:

   The Candidate's FULL name.

   The Candidate's Date of Birth.

   The Candidate's Social Security Number.

In addition, the Form, while not necessarily being limited to the following list, should spell out the kinds of things that you may check, such as:

   Previous Employment.

   Social Security Number.

   Earnings History.

   Civil Litigation History.

   Criminal Conviction History.

   Driver's License Record.

   Personal Credit History.

   Education.

   Residence History.

   Worker's Compensation Claim History (after offer is made)

   Professional License History.

   General Reputation for Character and Honesty.

And, except for gross negligence on the part of the suppliers of any information, the Candidate must release, indemnify, and forever hold harmless both your company and all suppliers, their agents and assigns from any and all claims and/or liabilities that may arise as a result of any investigations into the Candidate's background.

Finally, the original Authorization and Release of Liability must state that a copy of it has the same force and effect as the original. And, when the Candidate signs the Form, you should have a company employee Witness their signature including the date of the signing.

 
GLOSSARY
 
The
FCRA
Signed
Authorization

SSN
Verification

Criminal Conviction
History

Civil Litigation
History

Driver's License
Record

Personal Credit
History

Employment
Verification

Education
Verification

Professional
License
Verification

Drug
Test

Chain of
Custody

Glossary of
 Benefits Terms