When an employer is deciding whether to use background checks of job applicants who may be affected by that decision?

Answer

Usually all new hires from that point forward, but I have done work for companies which, because of a new contract they received have to do background checks on existing personnel.

Remember that anyone can do a background check on anyone anytime they feel like it. It's how you use it that the law is interested in. In the case of existing employees an employer would have to get their permission to conduct and use a background check, unless the consent form that they signed when they were hired included future checks.

An employer could tell an employee that he/she needs to sign the consent to be background checked otherwise you can't work for this client hence they may not be able to continue working there.

This is why I advise employers to use a consent form that covers them now and in the future.

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First answer by Kit Fremin. Last edit by Kit Fremin. Contributor trust: 24 [recommend contributor]. Question popularity: 11 [recommend question]

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