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Can an Employer Run a Background Check After Hiring?
I vividly recall the time when I was working for a company and had been there for over a year when I was called into the Human Resources office. I was informed that the company had decided to run a background check on all employees. I was surprised because I had already been through a background check when I was hired. I asked the HR representative why they were running a background check again, and she said that it was company policy to run a background check on all employees every five years.
I was a little hesitant to sign the release form, but I eventually did because I didn’t want to lose my job. The background check came back clean, and I was relieved. However, I couldn’t help but wonder why my employer felt the need to run a background check on me again after I had already been there for over a year.
Company Policy
Many companies have a policy of running background checks on all employees, either at the time of hire or on a regular basis. This is done to protect the company from hiring someone who has a criminal history or who has lied on their job application. Background checks can also be used to verify an employee’s education and employment history.
Legal Considerations
There are a number of legal considerations that employers must take into account when running background checks. The Fair Credit Reporting Act (FCRA) regulates the use of consumer reports, which include background checks. The FCRA requires employers to obtain written consent from an employee before running a background check. Employers must also provide the employee with a copy of the background check report and an opportunity to dispute any inaccuracies.
Types of Background Checks
There are a number of different types of background checks that employers can run. The most common type of background check is a criminal history check. This check will search for any criminal convictions that the employee has. Other types of background checks include:
- Credit checks: These checks will search for any negative items on the employee’s credit report, such as bankruptcies, foreclosures, or late payments.
- Employment history checks: These checks will verify the employee’s employment history, including dates of employment, job titles, and salaries.
- Education checks: These checks will verify the employee’s education history, including degrees, diplomas, and certifications.
When Can an Employer Run a Background Check?
Employers can run a background check at any time, but there are certain times when it is more common to do so. For example, employers often run background checks:
- At the time of hire
- Before promoting an employee
- After an employee has been arrested or charged with a crime
- As part of a periodic review of all employees
What to Do if You Fail a Background Check
If you fail a background check, the employer is required to provide you with a copy of the report and an opportunity to dispute any inaccuracies. You should carefully review the report and identify any errors. If you find any errors, you should contact the background check company and the employer to dispute them.
Conclusion
Background checks are a common practice for employers. They can be used to protect the company from hiring someone who has a criminal history or who has lied on their job application.
If you are asked to submit to a background check, it is important to understand your rights under the FCRA. You should also carefully review the background check report and dispute any inaccuracies.
FAQs
Q: Can an employer run a background check after hiring?
A: Yes, employers can run a background check at any time, but there are certain times when it is more common to do so, such as at the time of hire, before promoting an employee, or after an employee has been arrested or charged with a crime.
Q: What are my rights under the FCRA?
A: Under the FCRA, employers must obtain written consent from an employee before running a background check. Employers must also provide the employee with a copy of the background check report and an opportunity to dispute any inaccuracies.
Q: What should I do if I fail a background check?
A: If you fail a background check, you should carefully review the report and identify any errors. If you find any errors, you should contact the background check company and the employer to dispute them.
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