Can my employer do a background check on me without getting my consent than fire me for it?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can my employer do a background check on me without getting my consent than fire me for it?
They refused to give me a copy of this background report but they said all they did was google free public records than searched my name. They said I lied on my application but everything in my background is either Juvenal or a closed record. I never signed a release form, and while firing me my manage said, “I don’t want people like you working in my store”. Is this legal?
Asked on December 18, 2011 under Employment Labor Law, Minnesota
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Yes, a background check may be conducted without your consent, as long as the employer is only checking records that do not require your authority or permission to review. They do not need to share the results of the check with you. And they may decline to hire you if the results of the check provide reason to believe you would poses a risk to store, to other employees, or customers--so, for example, a record of shoplifting could provide grounds to not hire you for a retail store.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.