Sunday, June 20, 2021

What is “Provisional” Employment and how can You use it in your Small Business?

Have you ever hired an employee on a “conditional” basis? Do you even know what that means? 

Here we will try to shed some light on hiring a “provisional” or “conditional” employee and how it can make sense for your business!

Provisional employment, or “conditional employment”, is when a new employee is offered a job contingent upon the successful completion of certain pre-determined criteria.

That criteria may include things like finalizing a degree or training, taking an entrance exam, or, most commonly, and the one we will focus on here, passing an employment background check.

The whole concept of “provisional” or conditional employment can be confusing.

In the United States, most workers are employed “at will”. Although this can vary by state, in general this means that employees can be fired for any reason. The exception is if the termination violates federal or state anti-discrimination laws. 

The same principle applies to job offers. Because of this, employers are free to expect prospective employees, or those given a conditional offer of employment, to fulfill certain requests, such as to pass background checks, undergo drug screenings, or any other requirements in order to get the job.

In order to decide if offering conditional employment would work for your business, it is important that you understand what hiring an employee on this basis really means.

First and foremost, hiring someone on a provisional basis means you really want them for the job. The candidate has the qualifications and skills you need and has impressed during their interview(s).

So, you may ask, why not simply hire them permanently right now?

The reality it that it may be best to wait on making that final job offer and hire them conditionally instead. Conditional offers of employment can actually work for your business. They allow you to hire quickly when needed, such as when you have a sudden influx of work, someone unexpectedly leaves, or you need a seasonal hire, all without waiting for the finalized background check.

Conditional job offers can also be beneficial to your applicants. It shows that you value what the skills they have to offer, gives them a measure of security to know that you want to hire them, and can even give them an edge when negotiating with other potential employers.

However, not all job candidates my look on a conditional offer as favorably. They might not agree with the conditions you have set or be unable to meet them. But, most often, a provisional offer simply does not give them the same sense of security as an “unconditional” job offer would.

When it comes to making conditional job offers it is important to do it right! "Tweet This"

It is critical that you are honest and concise as to what that conditional offer means and the criteria that you are expecting to be met. The clearer you are the more positive this experience will be for both you and the potential employee.

The first step is to make sure you craft the clearest provisional offer letter you can. And you need to make sure that this offer follows all the best practices when it comes to the background check!

Before sending your conditional offer letter or, ideally before you ever even decide to hire, you should make sure that your hiring practices are not violating EEOC guidelines, especially those concerning background check releases and disclosure forms.

Begin by ensuring that you are not guilty of committing these 4 Common Background Check Release Violations:

  • You (the Employer) don't Disclose that a Background Check will be Obtained
  • You don't obtain a Signed Authorization from your Applicants
  • Your Authorization Form is Not a Stand-Alone Document
  • Your Authorization Form includes a Release from Liability

Find out more about the steps you need to take in order to screen your employees in “Tips to Help Your Business fly under the EEOC Radar”!

When you are ready to make an offer of conditional employment, and all your best practices are in place, then your offer letter should do the following:

  • make it clear the applicant is being hired as a provisional / conditional employee
  • list exactly what criteria is expected to be satisfactorily completed ~ such as the employment background check, passing a drug test, or anything else required of new employees
  • state a definite start date and the time when it is expected that the criteria required will be completed
  • state that permanent employment will follow completion of the conditions, or seasonal employment if that is the original goal

The key to it all is clear and honest communication, and it all starts with you ~ the Employer!

The whole idea of a background check can be daunting for many ~ even if they have absolutely nothing to hide. That is why you need to be completely upfront, open, and honest with your applicant. 

Make sure you are completely clear about the following:

  • What You will Check
  • What You are looking for in the background check 
  • What Factors can Cause Delays in the Background Check 
  • What Errors can be encountered during the entire process 
  • What Rights are afforded to Your Applicant

All candidates who are undergoing an employment background check have rights. The Fair Credit Reporting Act (FCRA) dictates that employers must inform candidates in writing and get their written consent before conducting a credit check. In the event that the offer is revoked based on information discovered during the check, the FCRA requires employers to notify candidates and provide them with information on how to dispute the report

Learn more in “Ready to Hire? What your Applicant needs to know”!

As an employer, the tone you set from the beginning can have a lasting impact on the relationship you will have with your new employee. Being honest, responsive to questions, and keeping them apprised of their status, will go a long way towards making sure you leave your applicant with a good impression of you and your company.

And this is possible even when making a “provisional” hire!

Using conditional offers of employment can be good for your business. They can help you hire the talent you need without skipping any of the steps necessary to make sure they are a smart hire. 

Do you still have questions about Provisional Employment and Safe Hiring? We can help you navigate the world of employment background checks while keeping your bottom line firmly in mind.

Contact Us Today!


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