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Legality of employers running background checks on job candidates

1 - In order for an employer to check out backgrounds or other things on potential candidates, that person must give written permission. Many times it is written directly into the signature section of the job application.

2 - Employers need to protect themself as a company as well as all of their existing employees. They need to do "due diligence" to help ensure that they have hired the most qualified candidate for the job.

3 - Employers can ask ANYTHING they want (there are some questions HR people just know not to ask), it's not asking the question that gets them in trouble, it's what they use with the information once they've received it. I can ask a candidate if she goes to mass. However, once I have the answer (say it's a yes) and I choose not to hire her, it better be because of a reason other than her religious affiliation.

4 - Many locations now have laws that protect employers from giving references. For many years, employers commonly only gave "neutral references" or the typical "name-rank-serial" reference. Many areas may now expand on that information by providing only FACTUAL information. If it's something that is completely untrue and unfounded, the employer may not give that information. That is why it's best to only provide facts, just be honest.

Learn more about this author, Kimberly Hunt.
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Below are the top articles rated and ranked by Helium members on:

Legality of employers running background checks on job candidates

  • 1 of 10

    by Kimberly Hunt

    1 - In order for an employer to check out backgrounds or other things on potential candidates, that person must give written

    read more

  • 2 of 10

    by Sue A. Sponte

    In general, employers are legally permitted to run background checks on job candidates. But there are restrictions under

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  • 3 of 10

    by Lester Rosen

    Three Problems Employers Face When Asking About Past Convictions

    Unfortunately, the language employers use on their

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  • 4 of 10

    by Amy Moshier

    I can understand how an employer would want to ensure - at least, to the best of their availability - that they did not hire

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  • 5 of 10

    by Angie SanFilippo

    I agree with the background checks to a certain degree. For instance, what does someone's credit history have to do with

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Legality of employers running background checks on job candidates

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