Many of you have seen recent articles we've written about what employers can and cannot or do and do not say when providing employment verification information on former employees. One of our clients was kind enough to pass along this article, Are You Hiring A Crook written by Mary Beth Guard at Bankersonline.com.

The article focuses on financial institutions who have terminated employees due to fraud or theft in the workplace, but where charges have never been filed. Many employers are scared to divulge such information if asked for fear of a lawsuit from the former employee. Most are unaware that the USA Patriot Act actually affords them the protection they need to warn financial institutions that might consider the individual for employment.

If you work in the financial sector, this article is a must read. I would recommend paying close attention to how this protection can be used and under what circumstances. I was so facsinated by this little know provision in the Patriot Act that I contacted the author and she was only so kind to offer her opinions and advice for how financial institutions can utilize this important protection. One thing that I found unfortunate was the fact that the language in this provision seems to make it impossible for a CRA (background screening organization) to conduct this type of verification on the employer's behalf.

Enjoy the article.