Job offer contingent on background checks??

Lurker1

So I have the signed employment contract but as stated in the terms it says offer is contingent to passing the background checks, conducted by a third party company.

Now, reading online people have strongly advised to not hand in the notice until you know 100% you have that job and passed all those background checks. People have been left jobless and offers were withdrawn as a result of third party company's error on their background checks. But, how does one wait until all checks are passed if the background check also includes obtaining a reference from the current employer? And with the current employer not knowing you are looking for a job elsewhere?

Lil306

Until they've offered you a job, consider yourself expendable regardless. I'd let them do their checks first then hand in your notice. End of the day even if your employer knows as long as their happy you get the job, and if they ask your employer then it could raise questions anyway. 

BTW - The employer can't fire you just because you're looking for another job. Legally they would be in a world of trouble if taken to court because of them firing you for that reason. Although they'd probably try to get you for something else

Marcon

Lil306 said:

Until they've offered you a job, consider yourself expendable regardless. I'd let them do their checks first then hand in your notice. End of the day even if your employer knows as long as their happy you get the job, and if they ask your employer then it could raise questions anyway. 

BTW - The employer can't fire you just because you're looking for another job. Legally they would be in a world of trouble if taken to court because of them firing you for that reason. Although they'd probably try to get you for something else

Even when you've been offered the job, remember that you are completely expendable regardless. Nobody has job security these days, although there's a bit more certainty once you've worked for an employer for at least two years.

As for firing you because you're looking for another job - if you've been there under two years, they can generally fire you for any or no reason, provided it is not unlawful (e.g. unlawful discrimination). Even if you've been there for at least two years, they can still fire you for that reason, but they'd simply dress it up as something else. Covid-19, for example.

A_Lert

If you want to be able to start the new job on the start date, you're going to have to give your current employer notice accordingly. If the offer is subsequently withdrawn, all you can do is ask your current employer if they will accept you withdrawing your resignation.

To be fair, even with an unconditional offer your new employer could still dismiss you on your first day with only 1 week's notice or pay in lieu.

Doshwaster

There are also many different types of "background check". Some are just a confirmation of identity and a criminal record check while others go much deeper depending on the nature of the business.  A basic check should be done in 24 hours but if they want to follow-up on references then it could take a lot longer.

[Deleted User]

It all does depend on who you currently work for and their views.
Some bosses would rather you say (as much as it's pretty alien to me) at the point of applying to another job.
I've known people to avoid back ground checks (low level insurance call centre) until they have started and then ran with the risk of dismissal for not completing. But they were unemployed before commencing.
Back ground checking really isn't so shady.
Yes they might immediately recruit a replacement but that's not guaranteed to work out how they hope.

TELLIT01

If there is nothing which could come back to haunt you from the background checks you may feel confident enough to hand in your notice, but that is a potential risk.  Checks may take longer than expected, particularly in the current climate, and you might end up jobless until the checks are complete.  Safer to wait until the checks are complete.

Lil306

Marcon said:

Lil306 said:

Until they've offered you a job, consider yourself expendable regardless. I'd let them do their checks first then hand in your notice. End of the day even if your employer knows as long as their happy you get the job, and if they ask your employer then it could raise questions anyway. 

BTW - The employer can't fire you just because you're looking for another job. Legally they would be in a world of trouble if taken to court because of them firing you for that reason. Although they'd probably try to get you for something else

Even when you've been offered the job, remember that you are completely expendable regardless. Nobody has job security these days, although there's a bit more certainty once you've worked for an employer for at least two years.

As for firing you because you're looking for another job - if you've been there under two years, they can generally fire you for any or no reason, provided it is not unlawful (e.g. unlawful discrimination). Even if you've been there for at least two years, they can still fire you for that reason, but they'd simply dress it up as something else. Covid-19, for example.

Yep, if a company wants to get rid of you they will, even if it means some !!!!!! made up reason. 
I don't consider any employer safe to work for. I don't trust any, it's all about money to them end of the day so I know I'm expendable

Lil306

Lurker1 said:

Marcon said:

Lil306 said:

Until they've offered you a job, consider yourself expendable regardless. I'd let them do their checks first then hand in your notice. End of the day even if your employer knows as long as their happy you get the job, and if they ask your employer then it could raise questions anyway. 

BTW - The employer can't fire you just because you're looking for another job. Legally they would be in a world of trouble if taken to court because of them firing you for that reason. Although they'd probably try to get you for something else

Even when you've been offered the job, remember that you are completely expendable regardless. Nobody has job security these days, although there's a bit more certainty once you've worked for an employer for at least two years.

As for firing you because you're looking for another job - if you've been there under two years, they can generally fire you for any or no reason, provided it is not unlawful (e.g. unlawful discrimination). Even if you've been there for at least two years, they can still fire you for that reason, but they'd simply dress it up as something else. Covid-19, for example.

I did not know about that. I thought once probation period ends then you are safe. I did not know it was two years! I will need to try and read up more about this.

It's due to employment rights or something. It's why most companies hire temps. They just say they don't want them anymore, they don't have to really give a reason. There's no protection. 

When you've been doing a job for 2 years, you're considered a full time employee or something. Or have the same rights as one, which means if your employer unfairly dismisses you they can be taken to court over it. 

As noted above however, if an employer wants to get rid of you, they will find a way. They will just polish it up as another reason. COVID is going to be the "get out clause" for a lot of employers. Anyone they don't like it's just going to be a case of, it's no longer financially viable. They will have to follow the correct process however to make it official with people to prevent themselves being taken to court over it

sharpe106

At some point you are going to have to tell them. You could always ask the new company to inform you before they send a request to your employer to give you time to inform them.

LittleVoice

Lurker1 said:

sharpe106 said:

At some point you are going to have to tell them. You could always ask the new company to inform you before they send a request to your employer to give you time to inform them.

They have asked me but I said I was not comfortable with it, so my check is currently put on hold. Though they did mention this will delay my process.

It won't be "on hold" for ever.  Unless you give them permission to contact your current employer very soon (and take the opportunity to advise whoever in your current employer would receive the reference request), then it won't be a delay, it will be a withdrawal of the offer.

Is this the first time you have resigned from a job?  It sounds as though it might be.