EMPLOYMENT BACKGROUND CHECKS
Employment Screening Background Check Services For South Dakota
All employment screening services including pre-employment drug screening and pre-employment criminal record background checks are available in South Dakota.
National Employment Screening provides professional pre-employment screening services to South Dakota employers to help you protect your employees and clients from the costly effects of making a “Bad Hire.”
Our criminal records Smart Search Plus® has become the industry standard for a quality criminal records background check.
It includes an unlimited check of the Federal criminal records repositories in the states where the applicant has lived for the past 7 years.
It also includes a check of any needed state and county criminal records checks as well as a social security number address history trace, a multi-state criminal records database search and a check of of the sex offender registry in all 50 states. .
It is the criminal records background check now chosen by most of our clients. For a brief overview of all of our employment screening services, please Click Here
No South Dakota statutes have been located that specifically restrict an employers ability to obtain and/or use arrest records.
No South Dakota statutes have been located that specifically restrict an employers ability to obtain and/or use conviction records.
However, questions about a persons arrest,court, or conviction record may be unlawful under the South Dakota Human Relations Act if they are not substantially related to the functions of the employment sought.
We provide employment screening services for employers in all South Dakota cities including Sioux Falls, Pierre, Deadwood, Sturgis and others.
South Dakota employment screening law: Giving Employment References in South Dakota
South Dakota law protects employers who provide references.
The law says the employer is not liable when it discloses in writing, information about the job performance of a current or former employee to a prospective employer on a written request.
Any such request must be made available to the former employee at their written request.
The presumption of good faith may be cancelled by evidence showing the employer provided misleading information or disclosure of information not allowed by a nondisclosure agreement or considered confidential pursuant to law. (SD §60-4-12)
South Dakota employment screening law: South Dakota At Will State Law
In South Dakota employees not working under an employment contract are deemed to be “at will.” In South Dakota, at-will employees may be terminated for any reason, so long as it’s not illegal. Employees may not be terminated at will if any of the following apply:
Terminations that violate public policy
Employees with express “for cause only” agreements or implied “for cause only” cases where an employee handbook contains a detailed list of exclusive grounds for discharge and a mandatory specific procedure that the employer agrees to follow
Employees that have accepted employment after being promised future promotion to a certain position
Please note that Federal law mandates background checks for employees who are engaged in particular industries.
The Office of Inspector General of the Department of Health and Human Services maintains a list of individuals who are excluded from participation in any of its federally-funded healthcare programs.
Exclusions are due to convictions for program-related fraud and patient abuse, licensing board actions and default on health education assistance loans.
Therefore, employers in affected industries should check the OIG Exclusion list before hiring employees who might work in such programs.
The FACIS® program is also very important when screening medical personnel.
Click Here for more information on FACIS®.
Our Automated Employment Screening provides an applicant controlled process that allows
FCRA compliant background check forms, including Electronic Chain-Of-custody forms
and releases to be completed online by the applicant.
We provide several short videos to easily acquaint you with the system.
This really does make the background check process fast and easy.