QUESTION
Does a company have to ask before doing a background check on a vendor, in this case a manufacturer's rep?
Asked on Nov 12th, 2013 on Business Law - Illinois
More details to this question:
I own a manufacturer's rep agency. I have a small (earnings wise) principal that does government work. Without asking me in advance they did a background check on my company and myself personally even though I am not involved with any business with them that would be covered by the "certification" they were seeking. Did they not need at least inform me in advance? Instead I was told that they did it and now had my social security information because "there are no secrets anymore".
1 ANSWER
The company did not have to ask you before doing a background check, but that doesn't mean that they can use illegal means to access private information. Public information is fair game, and a lot of information is public and easy to get. For example, I can easily search public files to discover if you've been a party to any lawsuits. I can find out your credit score. I can call your former employer and see what they have to say about you. However, that doesn't mean that I can obtain the same information by wrongful means. Thus, they can ask your sister about your health, and if she tells them, fine. But that doesn't mean that they can break into your doctor's office and steal your medical records. How did they get your social security number?
Answered on Nov 12th, 2013 at 11:23 AM