Generally, an employer may conduct a background check on any information that is relevant to the job for which the employer is hiring. This is usually done to help the employer avoid negligent hiring lawsuits. To be safe, an employer can ask the applicant in writing for permission to do a background check. The employer will want to include all the details of what matters are going to be checked. If the applicant then refuses to have the check done, the employer may refuse to consider the applicant for the job without being at risk of liability for discrimination.
There are certain kinds of information that an employer must get consent from the applicant in order to see:
There are other kinds of information that either cannot be used to determine an applicant's eligibility for a job, or can only be used for that determination under limited circumstances:
First, you should ask the employer why you were not hired you for the position. If you receive an unsatisfactory answer, you may want to consult an employment lawyer. An experienced employment attorney can advise you of your rights and the appropriate course of action to take.
Last Modified: 11-19-2017 11:22 PM PSTLaw Library Disclaimer
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