Can an Employer Do a Background Check on an Employee Without Their Permission?

Not all jobs require the employer to conduct a background check.

Anyone looking for a job should be aware of the laws regarding employee background checks. If you have nothing to hide, you have nothing to fear. However, if you are worried about what might be found in a background check, make sure to do a background check on yourself before applying for any job.

Credit Check

Employers who wish to conduct a credit check on a potential employee must receive permission ahead of time. Under the guidelines of the Fair Credit Reporting Act (FCRA), the employee must give the employer written authorization before any credit checks can take place.

Criminal Past

Some states, such as New Jersey, allow employers to conduct verbal background checks regarding an employee's criminal past during the interview process. All employers may also access public criminal records online or in court houses.

Warning

Some jobs require a background check regardless if the potential employee wishes to have one done or not. For example, employees who work with children, the disabled, or the elderly are often times required by state and federal laws to submit to a background check.

References

• Privacy Rights: Employment Background Checks
• Background Search: Can My Boss Do A Background Check On Me Without My Permission?
• FTC: Using Consumer Reports: What Employers Need To Know
• LSNJ Law: When Can Employers Investigate Your Criminal Record

Resources

• CV Tips: Advantages And Disadvantages Of A Background Check