Can my employer force me, under threat of termination, to sign an authorization for a 3rd party to conduct a background check after I’ve been employed for 5 years?
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Can my employer force me, under threat of termination, to sign an authorization for a 3rd party to conduct a background check after I’ve been employed for 5 years?
Some of the terminology used in the authorization form are concerning: words like general reputation, determination of character, personal characteristics and mode of living.
Asked on December 23, 2012 under Employment Labor Law, Oklahoma
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Yes, your employer is within its legal rights to require this. The fact is that absent an employment contract, union agreement or company policy to the contrary, your employer can mandate a background check (additionally, no form of actionable discrimination must have played a role in imposing this requirement).
In an "at will" employment relationship an employer can generally set the terms and conditions of employment much as it deems fit. Accordingly, you can be fired for this reason, any reason or no reason at all.
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