Q&A

Can an employer run a background check without permission?

Can an employer run a background check without permission?

Employers should ensure a form that is asking for consent and authorization to run a background check is separate from the application.

Can a employer ask for extra background information?

For example, an employer is not allowed to ask for extra background information because you are of a certain race or ethnicity.

Do you have to sign a waiver for a background check?

However, you may have to sign a waiver that the new employer could ask whatever they want to your present employer. Your new employer is about to run a background check on you. You will only give your current employer the news after the background check has cleared.

Why do I need a background check authorization form?

A background check authorization form is a release given to allow someone else to perform credit and criminal background checks. A person that is agreeing to have their information looked-up must provide consent to the requesting party.

Employers should ensure a form that is asking for consent and authorization to run a background check is separate from the application.

What happens when someone consents to a background check?

When someone consents to a background check, an employer must inform an applicant or employee that the report may affect whether he or she will be hired, promoted, or keep a job. The employer must also disclose any intention to run periodic background checks. This notice must be in writing and separate from a job application.

For example, an employer is not allowed to ask for extra background information because you are of a certain race or ethnicity.

Can a company run a background check on a felon?

Felons who are currently working for a company may be concerned that their employer might decide to run a background check on them for any reason. In most states it is required for an employee to give consent to a background check before an employer can run one. Background checks allow even current employers to look for a criminal record.

When someone consents to a background check, an employer must inform an applicant or employee that the report may affect whether he or she will be hired, promoted, or keep a job. The employer must also disclose any intention to run periodic background checks. This notice must be in writing and separate from a job application.

Can a job offer be rescinded due to a background check?

If a job offer is rescinded due to a background check, you have a right to know why, see the background check, and inform the employer and background screening company of any errors on your report. Do not let future consequences of failed background checks stop you from applying for positions that you desire or are well suited for.

What should I do if my background check is wrong?

The error is not your fault and it is not a reflection of who you are as a capable potential hire. If a job offer is rescinded due to a background check, you have a right to know why, see the background check, and inform the employer and background screening company of any errors on your report.

Can an employer run a background check without consent?

An employer must obtain written consent to seek information from third-party providers, such as credit reporting agencies. An employee has the right to refuse consent to a background check, but if so, there is a risk in losing a promotion or perhaps in keeping a job.

If a job offer is rescinded due to a background check, you have a right to know why, see the background check, and inform the employer and background screening company of any errors on your report. Do not let future consequences of failed background checks stop you from applying for positions that you desire or are well suited for.

Can a hiring manager ask for a background check?

Certain information is not available to employers conducting a background check, including: While a hiring manager asks questions regarding a person’s background, an employer is not allowed to ask for medical information until a job offer has been made.

The error is not your fault and it is not a reflection of who you are as a capable potential hire. If a job offer is rescinded due to a background check, you have a right to know why, see the background check, and inform the employer and background screening company of any errors on your report.