Employers who furloughed workers during the coronavirus pandemic may be close to rehiring them as many businesses start opening again.

Are you aware of the guidelines you must follow during the rehiring process? Test yourself by answering True or False to the following:

  1. If a furlough lasts six months or more, employers are required to have workers complete new-hire paperwork again.
  2. Before running a background check, employers must have valid authorization from the employee.
  3. Employers can require workers returning from furloughs to take new pre-hire drug tests.
  4. If employees were terminated during the furlough (as opposed to being treated as if they were on leave), employers can either reverify their existing Forms I-9 or complete brand-new ones.

Answers:

  1. False. While it’s generally recommended that new hire paperwork be refreshed after long furloughs, it’s not required in several circumstances.
  2. True. If there’s no language in employee contracts or the original authorization saying background checks can be conducted at will during the duration of the worker’s employment, authorization must be obtained for each background check. Certain states require this, as well (e.g., California).
  3. False. Employers typically can’t require returning employees to take drug tests unless state law or company policy expressly allow it.
  4. True. This is the case as long as the original I-9 was completed within three years of the rehire date.

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