How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
A new question is answered every 9 seconds

Ask an Employment Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 8091
Experience:  JD, BBA, recognized by ABA for excellence.
4460311
Type Your Employment Law Question Here...
characters left:
5 Employment Lawyers are Online Now

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care. Mildred Washington, DC
< Last | Next >
  • I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care. Mildred Washington, DC
  • Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you Happy Customer Denver, CO
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
 
 
 

Pre-Employment Background Check Laws

Background checks are a common practice when an employer is looking to hire potential employees. Pre-employment background checks offer an insight to the employer about the potential employee and helps them learn about a potential employee’s former work ethics and performances. However, when an employee is not hired due to an unflattering background check for employment, it can lead to disgruntlement and raise questions about background check issues and background check laws. Below are five of the top questions about employment background checks answered by Experts.

Should an employer to the authorities and the temp service, if the employment background check reveals several arrest warrants?

Case Details: Employer hires employees through a temp service. 

You are not required to report to the local authorities or the agency which hired the employee to work for you. However, if you were to report the person, you would have to terminate the employee and notify the agency. The temp agency has access to the same background records that you have, therefore you would not be liable for not telling the agency, unless you have a contract stating this type of information must be shared.

Is it legal for an employer to do a background check on an employee months after they have been hired, and fire them if anything is found?

Usually, an employer will notify the employee that there may be a background check performed during the employment. Most employers will ask you for written consent to conduct a background check. Your employer should have told you that any negative feedback from the background check would mean that you would be terminated if you have already been hired. In the event that your employer didn’t ask you for written consent to a background check, or explain that negative feedback would result in termination, you should discuss these issues with your employer. There are certain regulations on how the information is to be utilized.

How do companies proceed when the employee who they wish to hire cannot verify a degree during a background check?

Generally, this choice will be made by the individual employer. Many employers, if they want to hire the applicant, will delay the employee’s start date in order to gather all of the information related to their degree. However, there is the chance that an employer will not hire an employee due to lack of proper information to verify educational degrees. In most cases, an employer can request the information from the schools registar, speeding up the process by having the school fax any information.

Can an employer run a background check on an employee after a year of service, without the employee’s knowledge?

Usually, an employer will conduct a background check prior to hiring an employee. However, if the employer chooses to wait, that does not mean that the employer has waived his right to conduct the background check. Most employers will alert an employee that a background check will be performed, which can be done at any time during hiring or employment.

If a former employer made false statements that a person is being investigated by police, how can you prove the allegations are false?

If the allegations were false, you can go to the police and ask for verification that there was never an investigation performed by the police department. You can also submit a statement or offer to take a lie detector test to prove your innocence. However, the choice is up to your current employer as to whether or not they want to go to such lengths to keep an employee. You have the option to sue the former employer for defamation of character. Your former employer made a false statement to a third party with the intent to harm your employment. If you are terminated because of the false statements, you would have further cause for a lawsuit. You should consider speaking with an attorney about your options.

Employment background checks offer an employer an n opportunity to view a potential employee’s past work relationships with employers and to get a better understanding of the employee’s work ethic. Usually a background check is nothing of major importance and won’t affect an employee’s standing with his future employer. However, not all background checks prove to be smooth sailing. Sometimes, a pre-employment background check may reveal obstacles or statements from previous employers that will hinder an employee from being hired. Being denied a job based on past employers remarks about your job performance can leave a person wondering about their rights and background check laws. In times like these, it is always best to ask an Expert and get informed about your legal rights.

Ask an Employment Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 8091
Experience:  JD, BBA, recognized by ABA for excellence.
4460311
Type Your Employment Law Question Here...
characters left:
5 Employment Lawyers are Online Now

How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Employment Lawyers are online & ready to help you now

Tina
Lawyer
Satisfied Customers: 7759
JD, BBA, recognized by ABA for excellence.
Marsha411JD
Lawyer
Satisfied Customers: 10539
Licensed Attorney with 27 yrs. exp in Employment Law
Infolawyer
Lawyer
Satisfied Customers: 9785
Licensed attorney helping employers and employees.

Recent Background Check Questions

  • Background history: I have worked as a locum ER physician for

    Background history: I have worked as a locum ER physician for 17 years. In the last 4 years, I have been cheated out of contracts, losing significant money. I work with several locum companies as an independent contractor. The companies present a client (hospital), needing help to staff their ER. We negotiate a salary and sign a basic contract. All of the contracts state that if I decide I do not want to complete the shifts committed to, I must give a 30 day notice. They also state the hospital must give me a 30 day notice if they do not want to complete the shifts committed to, unless they determine my clinic skills are inadequate and I can be terminated at anytime.
    I typically work month to month. However, 4 years ago the major locum group I worked with since 2003 asked me to commit to 5 months with a major hospital when they needed doctors to staff their ER. Each site requires a background check and credentialling, which takes up to 120 days. I usually have at least 2 sites I am working at at one time, so I don't feel like one site is getting too intense. But I did agree to help them out in this situation.
    3 weeks in to the contract, I had returned home for a short break. My rep with the locum company called me and told me the hospital did not want me back. They had found someone who would fill a permanent position, which is cheaper than a locum. My rep said he was told by the hospital if they tried to fight the 30 day contract statement the hospital system would never work with their group again. So, I was out, and they were not going to fight it. There was no clinical concern about my work, it was good.
    My rep said he would try to find me other work and he was "very sorry". I had worked with this locum group for a long time, and felt somewhat of a tie with them. I did feel shocked at all this, but I thought perhaps my rep could find more work.
    Well, as noted, credentialling takes forever. So, without work for months, I lost thousands of dollars. The piece-together work they found me over that year was minimal, destroyed my backup finances.
    The next year, the same thing happened. I had to cut that locum group out of my work profile, which was difficult, but they really were killing me financially. Unfortunately, this has become a pattern with locum companies. They want to please the corporate hospital and will do what they say. I have been cut from several work sites, losing a massive amount of money. No one will hold them to the contract of giving a 30 day notice. I am just told it is over. I have never been told my work is inadequate or a clinical concern.
    So, all of my savings are gone. I had used all my credit cards up trying to bail myself out. Unfortunately, I planned on working time and a half and catching up. Just when I thought that would happen, I was cut from a contract. Plus, taxes have increased so much in the last 4 years, it is crazy. Which is another issue. I owe back taxes for 3 years.
    I tried last year a final push to max out work and catch up, but again was cut out of a contract. I had talked to a bankruptcy attorney last year, and finally had to give up and declare bankruptcy this year. I had to finally accept the fact that a doctor means nothing to the corporate people running the hospitals and move away from the ER.
    My bankruptcy Chapter 7 was accepted in October of this year (last month), but I have to pay the trustee 8 payments each month to close it out. The first one was in October, so the last one will be May 2015.
    Question: the IRS wants their money now. I do have a tax attorney I began to work with last year. Last year we requested do not collect as I am in dire financial straits, which they rejected. The IRS reports now that the bankruptcy is "closed", they want their money. I am asked to file a 433-F, again, for my tax attorney and he will, again take on my case with the IRS.
    I am confused. In the IRS Collection Process Publication 594, page 4, it states the tax period is included in a bankruptcy has an automatic stay, plus 6 months. To me, that would mean an automatic stay until the bankruptcy is processed and then 6 more months. Which makes sense, because if you declare bankruptcy, you are broke and need time to get back on your feet.
    The student loan companies and car company I have loans with all state I am still in bankruptcy, and they are not going to institute a repayment process until that is complete. Which, I think, is after I finish paying the trustee. They will not even attempt to discuss any payment schedule with me. I have continued paying on the car loan, because I want to keep it.
    Help! I am so confused! My tax attorney wants me to do another 433-F, I did one last year for him, a 433 for the bankruptcy attorney, and he says we need to talk to the IRS about an offer in compromise. Why is the IRS requesting payment immediately after a bankruptcy, when you can't pay?
  • I am in the process of applying for a position with Citi in

    I am in the process of applying for a position with Citi in New York, and I am a bit concerned about their background check process.
    In March of 2009 I was convicted of tampering with physical evidence in Kentucky, which is a class-d felony in the state, and was fined $1,000 and made the personal decision to do 50 days in the correctional facility instead of waiting for the actual sentencing date. The judge then released me from any further incarceration (I originally agreed to a 75 day deal). I was given 5 years of supervised probation, but was again released from that after 1 year.
    Since the original incident, which occurred in 2007 when I was 19, I have completed my bachelors degree as well as graduating from law school.
    I am seeking a compliance position with Citi with a Registration Team, dealing with the licenses and registrations of clients/branches/employees insurance policies.
    From what I have researched about the FDIC employment requirements and their de minimis provisions, I'm not confident that I will be okay for the position. Do they go simply off the record?
  • I own a home cleaning company in IL. I hired a cleaner one

    I own a home cleaning company in IL. I hired a cleaner one week ago. He did very well with the 1st week training and everybody liked working with him. Unfortunately I found out from his background check that his SS# ***** to a deceased person. I asked
    him about that and he confessed that his SSN card and Permanent Resident card are both fakes. He said he is working with a lawyer to get proper status but that will take another 4-5 months. What is my legal exposure at this point and is there any way I can
    keep him employed? Thanks, ***** *****
< Last | Next >
View More Employment Law Questions