PA Labor & Employment Tips - Pre-Hire Reminders

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Welcome to the first edition of PA labor and employment tips.  Over the next few months, we will feature focused labor & employment tips and reminders useful to companies with operations in the Commonwealth.

To kick off our series, we will look at two factors important in the pre-hire process.

Pre-Hire
Criminal Conviction Records

  • Statutorily regulated when considering a candidate for employment.
  • Summary convictions, for the lowest grade of criminal offenses, may not be used for any purpose.
  • Felony and misdemeanor convictions may be considered only to the extent that they relate to an applicant's suitability for employment in the desired position.
  • The Pennsylvania Human Relations Commission, however, prohibits the pre-employment use of conviction for both summary and misdemeanor offenses.
  • If the decision not to hire an applicant is based in any part on his criminal history, then the individual must be so notified in writing.

Job References

  • There is no liability for an employer which, at an employee?s request, discloses truthful information about the individual?s performance to a prospective employer unless the employer knows or should have known that the information was false, was materially misleading or was not to be disclosed per law or contract.
  • Lie detector test - cannot be required as a condition of employment or continued employment except for police and those who dispense or have access to narcotics.
  • Medical Exams and Records - unless required by law, medical examinations and copies of medical records must be paid for by the employer for all applicants/employees who will work one week or more.
  • Record Retention - applications filled out by unsuccessful applicants must be preserved for 120 days after completion.

Authors

Of Counsel
(724) 749-3176
Southpointe, PA