Information obtained through reference checks should be held to the highest level of confidentiality. This information should only be accessible to individuals who are relevant to the recruiting and hiring process for the particular vacancy. These individuals may include the department hiring authority, the respective Dean's or Vice President's Office, and your employment recruiter. Negligent hiring is a failure by a prospective employer to check references adequately or to gather relevant information on a candidate hired. Obtaining reference information is vital to ensure that a new employee does not repeat negative, past behavior, and employers may be held liable for not adequately checking reference information.
Some companies conduct criminal background checks on all finalists.
Criminal background checks are available to all hiring authorities and are recommended for employees hired into sensitive positions where security is of particular concern. Examples of sensitive positions may include those that involve the safety of students and staff or where employees have access to valuables such as cash. However, the prospective employee must be fingerprinted, and FBI searches can take four to six weeks. Section 768.095, Florida Statutes, now provides that employers who disclose information about former or current employees to a prospective employer at the prospective employer's request will be immune from civil liability for the disclosure or its consequences. This statute encompasses any information, not just performance-related information, shared by an employer, about a current or former employee.