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5.2 Background Screening/Criminal Convictions

To ensure that Team Members of THE COMPANY remain qualified, productive, and successful, and to further ensure a safe and professional workplace free from violence, harassment, or misconduct, THE COMPANY reserves the right to conduct background screening on all prospective and current Team Members. Background screening is a sound business practice that benefits everyone; it is not a reflection on any Team Member.

 

Scope of Background Screening

  1. Pre-Employment: Background screening may be conducted for any position at any time during the hiring process.
  2. During Employment: Screenings may also occur during the course of employment if there is a legitimate business need, potential conflict of interest, or safety/security concern.
  3. Types of Checks: Screenings may include, but are not limited to:
  • Criminal conviction records
  • Motor vehicle records
  • Verification of automobile insurance when driving is part of job duties
  • Other relevant background information permitted by law

 

Confidentiality & Legal Compliance

All background screening information will be treated as confidential and used only for legitimate business purposes, consistent with federal and state law.

  • Fair Credit Reporting Act (FCRA): If a third-party consumer reporting agency is used, THE COMPANY will comply with all FCRA requirements, including:
    • Providing written disclosure and obtaining written consent from the Team Member or applicant before a report is obtained.
    • Providing a “pre-adverse action” notice, a copy of the report, and a “Summary of Your Rights Under the Fair Credit Reporting Act” if the information may be used to make an adverse employment decision.
    • Providing a final adverse action notice if employment is denied or terminated based on the report.
  • Georgia Law: Under Georgia law, employers may review criminal conviction history but may not use arrest records alone as the sole basis for employment decisions. Georgia employers must also ensure that decisions based on criminal records are job-related and consistent with business necessity.

 

Consideration of Criminal History

  • Conviction of a crime is not an automatic bar to employment or continued employment.
  • All circumstances will be considered, including:
    • The nature and seriousness of the offense
    • How long ago the offense occurred
    • The relevance of the offense to the specific job responsibilities
  • Arrest records alone will not generally be considered, though the underlying behavior may be reviewed.

 

Disqualifying Convictions

THE COMPANY reserves the right not to employ, or to discontinue the employment of, any individual convicted of:

  • Felony or misdemeanor involving illegal drugs, dishonesty, breach of trust, theft, robbery, or violence
  • Any offense reasonably determined to pose a risk to guest safety, fellow Team Members, or company operations

 

Ongoing Team Member Responsibility 

  • Team Members are required to report any new criminal conviction occurring during their employment to THE COMPANY using the Criminal Conviction Reporting Form within 24 hours.
  • Failure to report may result in disciplinary action, up to and including termination.

 

Use of Personal Vehicles for Business

If a Team Member uses their personal vehicle for company business (e.g., errands, banking, product pickup), proof of current automobile insurance may be required.

 

Questions

Team Members with questions regarding this policy should contact THE COMPANY

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