Can A Company Do A Background Check Without Your Permission

Can A Company Do A Background Check Without Your Permission

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Can A Company Do A Background Check Without Your Permission

Before an employer can deny employment or fire someone based on a background check: Employers must tell the applicant or employee they intend to rely on the background check in taking the adverse action, they must provide the applicant or employee with a copy of the background check, and they must give the applicant or employee a reasonable amount of time to dispute the report. If an employer chooses not to hire an applicant because of information gleaned from a background check, they're required to notify the job seeker and provide the name of the company that prepared the report; the law includes a loophole for companies who run background checks themselves. The Fair Credit Reporting Act (FCRA) regulates how employers perform an employment background check on job applicants.

In addition to covering credit checks, the FCRA also governs employment background checks for the purposes of "hiring, promotion, retention, or reassignment." To learn more about credit reporting, read our Consumer Guide, Credit Reporting Basics: How Private Is My Credit Report The FCRA does not require employers to conduct employment background checks. The Fair Credit Reporting Act (FCRA) sets the national standard for employment background checks when the employer uses a third party to conduct a background investigation of a job applicant. Notify applicants and employees about hiring/promotion decisions based on background reports: Employers must notify the applicant/employee of the employment decision and provide the person with a copy of the background report.

Many employers run background checks on applicants, especially if the open position will require the employee to handle money, sensitive or valuable items (such as drugs, jewelry, or weapons), or confidential customer information (medical records, credit card numbers, and so on). Regarding convictions and arrests reported in background checks see § 380-j; regarding employers' notification obligations when conducting background checks see § 380-b; and regarding job applicants' rights to review and dispute records: §§ 380d-f. Background checks allow employers to consult certain records before hiring a new employee.

For applicants, however, this means that the employment background checks must be very particular in the information sought, and employers must be very clear about avoiding the acquisition and use of any private information that might lead them to implicit or explicit discrimination during the pre-screening process. Documents and sources accessed during a background check would include Social Security numbers , driving licenses, vehicle registration, driving records, credit records , criminal records, education history, workers' compensation records, bankruptcy records, character references, medical records, property ownership, military records, state licensing records, drug test records, past employers, personal references, incarceration records and sex offender lists. When conducting a job background check, make sure you comply with the Fair Credit Reporting Act , which regulates not only credit background checks but also checking criminal records and driving records.

Claim your FREE copy of Employment Background Check Guidelines: Complying with the Fair Credit Reporting Act, conducting credit background checks and running a criminal check to avoid negligent-hiring lawsuits! A background check is a process a person or company uses to verify that a person is who they claim to be, and provides an opportunity for someone to check a person's criminal record, education, employment history, and other activities that happened in the past in order to confirm their validity. And unlike lenders, employers don't check credit scores , but they may access a comprehensive background report, such as the ones available on LexisNexis Along with your credit history , it lists data such as your past employment, insurance and legal activity.

The Fair Credit Reporting Act, which also governs criminal background checks, specifies that an employer must first have consent of the applicant, tell him whether it intends to disqualify him based on the information and provide a copy and a chance to dispute any adverse information. Furthermore, it is highly recommended that you contact a capable attorney able to represent your rights as a consumer against any employer and/or screening company that violates your legal rights by unlawful use of a background check in the hiring process. Criminal records searches are used by 93% of employers that conduct pre-hire screening, according to Sterling Talent Solutions' 2017 Background Screening Trends & Best Practices Report But many employers take into consideration the nature of the crime and whether the job candidate received a criminal conviction, Stephens says.

Employers must receive written permission from you before running a background check, and if anything in the reports leads to the company deciding against hiring you, the employer is required to inform you and provide you with a copy of the report.

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