Can you run background checks on independent contractors?

Can you run background checks on independent contractors?

In general, employers may conduct background checks on all individuals performing work at their worksites including independent contractors and other contingent workers.

Does Ban the Box laws apply to independent contractors?

These include, but are not limited to: Applicability based on the type of employer/employee relationship: depending on the jurisdiction, some ban the box laws only affect public employees, while others pertain to specific types of employees or independent contractors of private employers.

Can a drug test be done on an independent contractor?

Drug testing independent contractors is allowed if you have a clear policy in place stating your intent to drug test, when you will drug test, and your policy for using substances during work hours (i.e. that it is not allowed). This policy should be seen and agreed upon by the contractor prior to any drug tests taking place.

Can a company terminate a contract for drug testing?

There are issues to consider. While the contract and associated employment policies do not contain a provision for drug testing, the contract may include language such that your contract may be terminated at the will of the company. If that is the situation, then refusal could ultimately result in terminationof the contractor relationship.

Do you need to do a background check on an independent contractor?

While an independent contractor is not an employee of your company, they still represent your company through their work and interactions with others. By running a background check on an independent contractor, you can be confident you are hiring someone who will represent your company and brand well.

Can a contractor be under the influence of alcohol?

Yes, the contract requires compliance with a procedure manual, which states only that the contractor will not “be under the influence of or posess alcohol or any other drug during working hours.”. 2. The procedure manual does not contain any reference to drug screening or testing for the contractors.

Drug testing independent contractors is allowed if you have a clear policy in place stating your intent to drug test, when you will drug test, and your policy for using substances during work hours (i.e. that it is not allowed). This policy should be seen and agreed upon by the contractor prior to any drug tests taking place.

There are issues to consider. While the contract and associated employment policies do not contain a provision for drug testing, the contract may include language such that your contract may be terminated at the will of the company. If that is the situation, then refusal could ultimately result in terminationof the contractor relationship.

Can a company treat an employee as an independent contractor?

Employers assume fewer duties with respect to independent contractors than employees. Independent contractors are generally outside the coverage of various laws that apply to the employer-employee relationship. An employer must exercise extreme caution when classifying a worker as an independent contractor.

What happens if you get caught using drugs as a contractor?

It also requires that contractors implement drug-free workplace policies and that they take direct action against an employee convicted of a workplace drug violation. This action could involve a number of disciplinary measures, from requiring the employee to participate in an appropriate rehabilitation program to termination of employment.