My employer wants to make new applicants bring a criminal record check before they are hired Is this legal?

Answer 1

Getting background criminal background checks on applicants is nothing new, just more widely done as it has become cheaper to do so as more companies are in business just for that purpose, and it is perfectly legal.

However, the odd thing about your question is that is sounds like your employer wants applicants to bring a criminal record check with them before they are hired. If that is the case, that is not only lazy, but foolish, on your employers behalf as people with criminal records are more likely to forge a counterfit or doctor up any background check that they bring in to exclude most or any past record.

It is the employer's responsibility to pay the fee and get any type of criminal, personal background checks or drug test done prior to a party. Most employers do have clause in an application or employment papers that by accepting employment, to agree to manditory drug or alchohol testing if the employer feels that your judgment is impaired by either or both on the job.

It would not be financially prudent to get checks done on every applicant and I know of no one that does, they only run checks, and usually obtain written permission either at 2nd interview or when a position in the company is offered, pending the outcome of all of the checks.

Answer 2

It is absolutely legal and more employers should take advantage of checking people out. If you hire a criminal, and that person committs a crime against a customer, the employer could get sued.

I do background checks on people daily.

Answer 3

It is absolutely legal for your employer to have a background check run, providing the prospective employee signs a consent form. I had to.
What they cannot do is force an employee to take a polygraph (lie detector) test as a condition of employment, or continued employment. The exception would be if you work for the government, or under certain jobs that may fall under national security risks.

Answer 4

Yes, it is legal and also a smart thing to do. You dont want to work with criminals do you? Your employer should also make the current employees go through a criminal check also.

Answer 5

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Answer 6

It's legal for the employers to do a background check.

But it is the employer's responsibilty to do the background check, not the person who is applying for work.

Cheers

Answer 7

Yes. For good reason, wouldn't you want to know if you were hiring a person convicted of felony theft into a cash handling position, or hiring a pedophile in a day care?

Answer 8

basically, an employer can do anything ( not including disrimination due to race, sex, age, creed etc.) if it is considered "at will" employment. so basically, i would determine what type of employment your workplace is, and then search that type of employment with a search engine there are plenty of law website posts that are free.

Answer 9

Sounds legal to me. Your employer just wants to make sure his employees are trustworthy.

Answer 10

absolutely! your employer has every right to incorporate new policies and hiring procedures, as long as they aren't discriminating. but yes, they can do that, and it makes sense. would you want a rapist, drug dealer, or thief working in your company?