Employment Background Check Laws
- Background checks are needed by employers for different reasons. For employees who work for the federal government or in national security, a background check can determine if the prospective employee has been associated or involved with any terrorism group or been a terrorist. The terrorist attacks of Sept. 11, 2001, caused police and other government agencies to beef up security as well as carefully scrutinize who is hired to work in airports, prisons and around military equipment. Passing an employment background check is required before a person is permitted to have any of these jobs.
- At schools, daycare centers and other childcare facilities or programs, no employee may have been convicted of a felony and work around children. Therefore a criminal background check will notify the employer if the candidate or employee has been charged or convicted of a felony. Sexual predators also are not permitted to work around children. If a sexual predator has been convicted, this will show up with an employment background check.
- Some people falsify documentation when applying for a position. An employee may be escaping from a crime and has assumed a new identity. The employment background check will verify who the person is. If a person does not come up in a background check, the person does not exist and this could raise a red flag that alerts an employers to contact law enforcement officials in case the candidate or employee is wanted in another state or country. It is illegal to falsify a document or application, and the employer has the right to reject any application and deny the candidate employment if it is done.
- An employee has a right to have medical record kept confidential. The employee will need to sign a release form for the medical employment check to be conducted. If an employee does not agree, the employer may not access the records. However, if it is company policy that a medical record be submitted to take the position, a company may legally deny employment to any applicant who refuses the medical employment background check.
- When a person works around money or the personal accounts of people, a background and credit check will need to be conducted. The check will notify the employer of any embezzlement or thievery that the candidate has on his or her record. The law prohibits certain information from showing up on this kind of check. Civil suits and judgments that are seven years or more old old, as well as any bankruptcies before the past 10 years are prohibited from showing up on this employment check. Any tax liens or accounts that have been paid for seven years may not be listed as well.
