Can a employer do a background check without your knowledge?

Question

i have a friend that was let go after her employer did a background check on her. she says that she never filled out an application, only faxed in her resume. They also never had her sign a paper giving them permission to do this. Is the employer allowed by law to do this?

Answer 1

It's a matter of public record. She doesn't have to sign a release.

Answer 2

Depends on what they are looking for.

Criminal records and civil records are public documents.

If they look in more than one jurisdiction, they may have to expand the search, but it can be done.

Some professional agencies offer background checks as a service.

Aaaah, but obtaining medical information, financial information, and other private information is harder. Those are the instances in which they might want your signature.

** Note: This answer has not created an attorney-client relationship. This is a general discussion of the subject matter of your question and not legal advice. Local laws or your particular situation may change the general rules. For a specific answer to your question you should consult legal counsel with whom you can discuss all the facts of your case. **

Answer 3

The federal Fair Credit Reporting Act states that the employer is required to get your permission before obtaining most background information.

Answer 4

I sure didn't think so. Every place I have applied I had to sign a form giving them permission. It must have been a crappy company. Did they do a credit check?

Answer 5

Anyone can do a background check, including me and you.

Answer 6

The only thing you need consent for is the credit portion.

Answer 7

Yes. Criminal records are public documents. Anyone can access them.

Richard