Questions on application

[martelld]

What is the name of your state? Florida

Our company has had a problem with theft in the workplace. Can we ask on the employment application if the applicant has ever been convicted of a felony? How about asking about an arrest history? Do we need to notify them of the cameras and monitoring?

 

[Beth3]

Can we ask on the employment application if the applicant has ever been convicted of a felony? Yes. However what you can DO with that information depends upon your State's regulations on this topic, if any. My State (for example) prohibits "discrimination" in the employment relationship based on criminal history unless the crime is substantially related to the job.

How about asking about an arrest history? No.

Do we need to notify them of the cameras and monitoring? Generally, no you do not (as long as it's only video recording and not audio AND you don't have cameras in areas where employees would have an expectation of privacy, such as the restrooms) but you really should check with an employment law attorney before proceeding as lawsuits regarding privacy violations are becoming increasingly prevalent. Your State may also have some relevant laws.

Whether you want to notify employees of surveillance also depends on what you want to achieve. Do you just want to catch employees in the act and fire them? Or do you want a new security system to be a deterrent?

 

[cbg]

What cameras and what monitoring? Video? Audio? It makes a difference.

I don't believe any state permits you to ask about arrests. I'm off-site and not where I can access my materials but I believe in your state you can ask about convictions. I can't recall, however, if there are any restrictions on how you can use the information. Knowing Florida I tend to think not and you can eliminate them from consideration if they have a conviction, but unless someone else here can say for sure I'd check that with a local employment attorney before acting on my memory.