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Background Checks What Is Legal?

19 November 2008 One Comment

When can an employer do background checks? What are the questions that an employer can ask their employees about their background? Here's why I ask. The office manager was fired for stealing over $60,000 from a library. So now the boss is telling everyone that they have to have a background check done. Can he do this? I mean allegations have been made against the office manager who gave $40,000 back to the library. There was evidence in his office but other employees from different branches covered up his crime before GBI could get into his office. Why are they now requiring all employees, who have done nothing wrong, who have been working for the company for years, to have background checks and what types of questions are they allowed to ask?

Wow! Check the employees manual when you were hired and see if you signed a release. If you did sign a release all is fair game when it comes to background checks because you signed a release form. Look, even if you didn't when you were hired, your employer is probably making you sign these forms now. You have to ask yourself the question, do you want to continue to work for this company? If you do, then you better just sign the consent form and let them do a background check on you. It sounds like the employer is doing the right thing here. He is probably mad that other employees covered up what the office manager did. That shows conspiracy. It is very likely that other employees were involved in the crime which is why they covered for the office manager. The employer wants to find other people who could have been a part of this crime. If you had nothing to do with it, then allowing a background check to be done on you should not be an issue. You need to have a bit of sympathy for your employer. I know you think it is unfair what he is doing to honest employees like yourself, but you need to look at this from the perspective of your employer. Even if you did challenge the employer in labor court, I doubt any judge would rule the actions of your employer as unreasonable in light of these terrible circumstances.

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One Comment »

  • Mike said:

    Don’t worry about it. You are only asked a few questions in a typical background screening. I am the owner of a pre-employment screening company (a background check company) and I do lots of background checks.

    All companies should be running backgrounds on every employee they have. If your company has not been doing this, then they need to add a section in their employee handbook and then have all existing employees sign a release form. For employee candidates, they should run a background check before hiring them.

    Background screening companies are allowed to report all felony and misdemeanor arrests and convictions within a 7 year scope, after 7 years, only convictions can be reported.

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