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FiveStarLaw
FiveStarLaw, Lawyer
Category: Employment Law
Satisfied Customers: 36518
Experience:  25 years of experience helping people like you.
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can I refuse to give a private background search firm my

Customer Question

can I refuse to give a private "background search" firm my ss# XXXXX long as i provide it to my employer? Also, what other ID info could I provide so that the private firm could perform its "background check" (a "investigative consumer report") I do not want to lose this job opportunity! I live in MA I do have an RN license # XXXXX would be willing to give them, along with my DOB HELP!! Very time sensitive!!
Submitted: 3 years ago.
Category: Employment Law
Expert:  FiveStarLaw replied 3 years ago.
Hello,

So sorry to hear of this dilemma. If my answer is not clear to you, please ask me for clarification by using the reply button.

You can refuse to give a private investigator your Social Security number. However your prospective employer can legally refuse to employ you for that reason.

A employer may require a prospective employee to submit to a complete background check including furnishing a social security number as a condition of employment provided the reason for the background check is legal.For example federal laws would prohibit the prospective employer from requiring the disclosure of the social security number on the grounds of race, religion, sex, national origin, age, disability,past, current, or future military obligations, FMLA usage or filing a workers compensation claim.


I realize that this answer may not be entirely to your liking, and I regret being the bearer of information that you really don’t want to hear. But it would be unfair to you and unprofessional of me were I to provide you with anything less than truthful and honest information. I hope you understand.

Thank you in advance for remembering to click accept. If you experience difficulty using the accept button, please let me know as JustAnswer pays me for my time only if the "accept" registers.
Customer: replied 3 years ago.

Sorry__I just want to make certain you understand. I am not refusing to supply the ss# to my potential employer (which they want only to validate with SSA. I'm FINE with that.

 

Additionally, they want to supply it to the "background check" company to do the "investigative consumer report (which I also don;t have a problem with being done!)

 

I just do NOT want my ss# released to this firm!! I cannot believe there isn't another

piece(s) of info that could be used by the firm as an alternative??!!

 

Thanks!!

Expert:  FiveStarLaw replied 3 years ago.
I understand your situation. However legally the prospective employer does have the right to condition your employment on supplying your Social Security number for the background check
Customer: replied 3 years ago.
one last thing: If the employer was willing to have the background check performed using an alternative factor---are there any that would work?
Expert:  FiveStarLaw replied 3 years ago.
I am not familiar with any alternative for background search however a private investigator may be able to suggest an alternative

It has been my pleasure to work with you

Thank you in advance for remembering to click accept. If you experience difficulty using the accept button, please let me know as JustAnswer pays me for my time only if the "accept" registers..

Please let me know if I can assist you in the future by requesting me directly.

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