An employee background check may be required for many different job positions. This is where the employer researches an employment candidate’s background to ensure that there won’t be any legal issues upon hiring the person, such as negligent hiring or negligent supervision. Usually, the employee is checking for information such as:
Employee background checks are generally legal so long as the potential employee gives their consent to such a background check. Even then, the background check cannot violate employment laws and needs to follow various guidelines.
For instance, regardless of what type of information the employer is searching for, the information needs to be job-related. Researching unrelated information is likely to result in an illegal background check violation, which can result in various legal penalties. Also, the background check can’t violate any discrimination laws.
Illegal background checks can lead to various legal penalties for the employer. For instance, they may have to pay damages to the plaintiff if their background check caused the person damages. This can happen in cases where the employer wrongfully releases private information to non-authorized parties.
Illegal background checks have also been linked to cases of employment-related defamation of character. This type of claim can result if the employer uses information about the person’s criminal background in an improper way or for the wrong purposes.
Employment background checks are useful and can be a standard part of the hiring process. However, they must be performed in the proper way according to state and federal standards. You may need to hire an employment lawyer if you need help with any employment matters such as background checks. Your attorney can help make sure that your rights are being protected. Also, your lawyer can represent your claim if you need to file a lawsuit.
Last Modified: 02-28-2018 04:22 AM PSTLaw Library Disclaimer
We've helped more than 4 million clients find the right lawyer – for free. Present your case online in minutes. LegalMatch matches you to pre-screened lawyers in your city or county based on the specifics of your case. Within 24 hours experienced local lawyers review it and evaluate if you have a solid case. If so, attorneys respond with an offer to represent you that includes a full attorney profile with details on their fee structure, background, and ratings by other LegalMatch users so you can decide if they're the right lawyer for you.