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Question

Are background checks for existing staff legal? They were not a condition of employment when current staff were hired, so would we be open to wrongful termination suits if we dismissed someone on the basis of a background check that showed either criminal or sex offender arrests/convictions. We are an outsourcer for the management of public libraries where large numbers of children are present daily.

Submitted: 365 days and 17 hours ago.
Category: Employment Law
Value: $30
Status: CLOSED
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Germantown, Maryland

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Posted by PaulMJD 365 days and 17 hours ago.

Answer

There is no prohibition against an employer doing background checks on any employee, prospective or current. Additionally, there are state regulations that require regular checks when dealing with children (we have employers that do them 2 times a year). Since state law requires checks for those working near or with children, you cannot be held liable for wrongful termination.


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365 days and 17 hours ago.

Reply

Would I need to check each state where we operate for the applicable law?

Accepted Answer

You should check each state for the specific law regarding background and fingerprinting of employees working in the presence of children, but each state has such a requirement. I know for example, Wisconsin law does not allow termination from employment based upon criminal records, except for employees working around children. Each state will have a slightly different description of exactly which workers must be checked, but they all have requirements.

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Expert: PaulMJD
Pos. Feedback: 99.5 %
Accepts: 
Answered: 11/20/2008

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