QUESTION
What can I do if employer is running comprehensive background check without my consent?
Asked on Jan 07th, 2013 on Labor and Employment - Texas
More details to this question:
I found out that my employer ran a comprehensive background check behind my back without getting my consent or improving me at all. This has happened 1.5 years ago and I just found about this.Below you can find the headlines of the report.Does my employer have a right to do this?Table of ContentsSubject Information Potential Subject Photos (None Found)Comprehensive Report SummaryWarrant History (None Found)Arrest History (None Found) Other Criminal History (1 Found)Sex Offender Registrations (None Found)Address Summary (4 Found)Address Details (4 Found) Cities History (4 Found)Counties History (2 Found)Driver's License Information (None Found) Possible Relatives - Summary (None Found) Professional Affiliations (None Found) Professional Licenses (None Found)Likely Associates - Summary (1 Found)Possible Associates - Summary (3 Found)Neighbors (9 Found)Neighbors' Phones (30 Found)Bankruptcy History (None Found)Liens (None Found)Judgments (None Found)Current Property Deeds (None Found)Past Property Deeds (1 Found)Property Foreclosures (1 Found) Property Assessments (1 Found) Evictions (None Found)Current Vehicle Information (None Found) Past Vehicle Information (None Found)US Business Affiliations (None Found)UCC Filings (None Found)US Corporate Affiliations (None Found)Aircraft Records (None Found) Pilot Licenses (None Found)Voter Registrations (None Found)
6 ANSWERS
Chapter 13 Bankruptcy Attorney serving Winston-Salem, NC
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Love and Dillenbeck Law
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First, it depends on what agreement you may have signed without realizing it. It is common for employees to sign such an agreement when they do their hire paperwork or a subsequent agreement with HR without realizing it. If this happened then yes, if no agreement was ever signed then no they can't. But it sounds like you weren't harmed as this was a year and a half ago and you are still employed.
Answered on Jan 13th, 2013 at 6:40 PM
Theodore M. Roe
Your employer does not need your consent to perform background checks.
Answered on Jan 13th, 2013 at 6:39 PM
I know of no reason they may not do this, with or without your permission. Your remedy would be to quit your job. It looks like you have nothing to hide, judging from the index you sent.
Answered on Jan 10th, 2013 at 11:43 AM
Bruce A. Coane
Quit? Yes, generally in Texas, the employer can do that.
Answered on Jan 10th, 2013 at 11:42 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You probably allowed this by you employment agreements. In any case, what are your damages, it appears that all of the info is available from public records, and it was the employer who paid someone to look them up. It is doubtful the action was illegal or actionable.
Answered on Jan 10th, 2013 at 11:42 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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The Fair Credit Reporting Act applies to applications for employment. The employer should have you consent to a background check on a document separate from the application form. However, unless you really want to leave employment, you may just want to bring this up to HR.
Answered on Jan 10th, 2013 at 11:42 AM