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  1. #1
    Join Date
    Aug 2005
    Posts
    5

    Default Employers Conduct of Background Checks

    I understand employers have the right to conduct a background check as part of preemployment screening. My questions are:
    1. Do they have to inform you that they are doing a check for you to sign a consent form before they do it?
    2. If your employer decides to do a perodic recheck, are they still required to inform you and have you signed a new form?
    Thanks

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Employment & Background Checks

    The nature and extent of an employment background check will vary depending upon state law. Express authorization is ordinarily required if a credit check is to be part of the background check. A check of public records (e.g., criminal records or driving records) is something less likely to be regulated, although states may restrict the action that can be taken against an employee on the basis of such information.

  3. #3
    Join Date
    Aug 2005
    Posts
    5

    Default

    What about insurance companies if you are insured by them for your work? Could they check your background without obtaining your permission? Is it subjected to the same ruls as consumer report? What if the companies does it themselves instead of hiring a third party? Some state will give out info to potential employers for employment purposes. Would ins company be considered employers and treated as such?

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Insurance Background Checks

    The nature and extent of an employment background check will vary depending upon state law.

  5. #5
    Join Date
    Aug 2005
    Location
    Los Angeles
    Posts
    2

    Default

    There are Federal guidelines from the FTC regarding employee background checks. Employers must comply with the Fair Credit Reporting Act when using consumer reports (e.g. Credit Reports) for reviewing new hires and evaluating employees for promotion, etc.

    Check out the link for a good description of employer's responsibilities.

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