Do employers Need to ask your permission before peforming a backround check on you?

Question

My employer performed a backround/consumer report check on me without my permission, and refuses to let me see whats on the letter. What rights do I have

I never signed anything concerning a backround check and he said that i never requested a copy of the backround check, which I always do, I am not mistaken on that part for sure!

Answer 1

Under the FCRA, the employer must obtain the applicant's written authorization before the background check is conducted. The authorization must be on a document separate from all other documents such as an employment application.When employer obtains permission the employee may request a copy of the report.
http://www.privacyrights.org/fs/fs16-bck.htm#5

Answer 2

No, anyone can pull your background for whatever reason.
It is not against the law, nor is it a violation of your privacy.

Most real jobs will pull a local inquiry from your states law enforcement office right off the bat... I know because I have hired for a few different companies in a few different states.

As soon as your application is turned in your name and social security number are ran in your state (usually for free), if anything comes up a national search is done on the companies dime. These background checks take a few minutes to run, usually 5-10 minutes even for the national one.

If any warrants or felonies exists those come up the fastest.
It is unlikely that the company will contact law enforcement unless it's a major infraction type warrant.

Answer 3

No, actually when you sign the employment application, you are giving the employer permission to do a criminal background check and obtain a consumer credit check on you (it's in the fine print) The difference however, is that most employers will do a criminal background check, and if you have nothing to hide....it should be no worries. BUT, I tend to draw the line when the credit check is required for employment. I feel it's none of their business what my credit rating is- especially if it does not relate to the job being considered.

Answer 4

I believe when you get hired there is a form you sign that states that a background check may be performed. It's usually given to you with the myriad of other docs given to you to sign, so you probably don't remember. You can probably ask for a copy of that from your personal file. Also, check with your state's laws about what employers can keep from you.

Answer 5

When you apply to the company, usually they have a written
consent by the person applying to check their background. If you did not signed a permission, then you are entitle to see what is on the letter.

Answer 6

Yes....you're supposed to sign a release giving them permission.