Does an Employee Have to Sign a Background Check Release?
Many employers conduct background checks before hiring employees. Background checks include anything from reference checks to a criminal check. If an employer wishes to conduct any background check through an outside agency, it must have a signed release from the employee. The employee does not have to sign the release, but he may be denied employment as a result.
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Employer Obligation
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Before hiring any outside firm to conduct a credit check, criminal records check or any other investigative report, the employer must have a signed release from the prospective employee. This release must be separate from all other paperwork, and the employee must understand what he is signing. The FCRA -- the Fair Credit Reporting Act -- limits what information can be disclosed and for how long.
Employee Obligation
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An employee does not have to sign the release form. However, an employer may deny employment and refuse to continue the interview process based on the potential employee's refusal to sign. Therefore, a person must decide which is more important to him -- the opportunity to have a job or his privacy.
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Considerations
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Some states, California in particular, have more stringent laws than the FCRA. Although many employers release only dates of employment, salary and job title, there is no law prohibiting them from saying more. With a release, potential employers can ask for more detailed information, including opinions about the person's character and personality.
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References
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