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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: 8108
Experience:  JD, BBA, recognized by ABA for excellence.
4460311
Type Your Employment Law Question Here...
characters left:
3 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

  • Employment Law. Our company does not currently have a statement

    Employment Law. Our company does not currently have a statement regarding employee background checks as part of our company policy. Nor do we have a release for a background check for pre-employment purposes. We have not done background checks for other hires. We recently hired a new employee. One of the owners asked to see his background check. I explained a check had not been done, based on no policy in place. The owner still wants a background check. Legally, can we ask the employee to submit to a check, as long as he signs a release? Do we then have to check all current employees?
  • Stressed and Disappointed California Educator: Resignation

    Hi, I am an educator for the state of California. I'm not quite sure if I need legal representation. But here's my story in a nut-shell. While looking for employment after my charter school closed down due to low enrollment, I stumbled upon a seemingly good position. I'm a Spanish teacher by the way. I accepted employment for this position on November 17, 2014 for a full year and signed the contract. After driving for a week, I realized that the drive was a safety issue (1hr 20 min one way)--I have children. I met with the principal and talked to him about my reasons for resigning. In my second meeting (I issued a two week + notice despite the safety issues I was concerned about) the principal (in a threatening manner) told me that the school could hold my credential, take adverse action and that this could affect my other employment at a major university. I told him that I couldn't fathom an organization affecting my credential in that manner; hence, my safety was on the line. The principal didn't seem to care about me or my concern. I got scared and soon retracted my resignation. On the next day, I felt stressed and coerced to stay. I took a sick day the following day and went to see my doctor and issued a final immediate letter of resignation. Also, to mention, that the principal brought up some issues that were already disclosed in my background check. I sent this resignation on Thursday night (Dec. 4th) and I haven't heard from the district. I'm afraid that they may affect my credential. The doctor issued me a no work notice until the 31st and prescribed me anxiety medication. I'm currently highly stressed. I don't know if there's something you could help me with?

  • My son is applying for work on a military base as a with a

    My son is applying for work on a military base as a with a third party contractor. He has a sealed criminal record in Arkansas. Will this impact the hiring decision?
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