Is it legal to do a background check on someone w/out their permission?
I found out that my supervisor at work did a background check on me without my permission or me signing anything. She was able to pull this off because she has "connections" at the Sheriff's office. I always thought that there is some type of privacy law or something that protects people against things like this. What can I do? The owners of the small business where I work don't know this (or at least I think they don't). I found this out because she was joking around with someone today and let it slip. I asked her what she meant because I never signed anything, and she played it off and said "oh we had a crazy girl work here before". If she is that scared for her safety, then why didn't she ask me to sign something?
IS THIS LEGAL?
IF NOT, WHAT CAN I DO ABOUT IT, IF ANYTHING?
Answers:
As a job candidate or employee, your privacy rights are protected by several laws. According to BackgroundSearch.com, these laws include:
1. The Fair Credit Reporting Act (FCRA).
2. The Driver’s Privacy Protection Act.
3. The American with Disabilities Act (ADA).
4. Different states have different legal frameworks, such as the Investigative Consumer Reporting Agencies Act which exists in California.
Generally, employers always get written permission, especially if they do a credit check. The FCRA is very strict on this and can cause the employer a lot of trouble and fines if he does not have your permission for a credit check. However, information like criminal records is available to the public and he does not need your permission to check it.
If your employer does the check himself, and does not pay an outside company to do it, he is allowed to get almost all the information that he can get, without your permission.
Employers are always allowed to get information about you if it directly affects your job duties. For example, if you will be a delivery truck driver, then your employer can check your driving records. If you will be a cashier and handle money, he can do a credit check.
As a practical matter, it is very hard for you to know what information your boss got and how he got it.
In most states, you are entitled to review your own personnel file. So, you should ask to see it and find out if they made any notes about their background check.
As self defense, you could do your own background search on your boss.
You can see how to do that for free here:
http://backgroundsearch.com/free-search-...
But it is always difficult to fight your boss. The reason is that his boss promoted your boss. Since his boss does not want to look stupid for promoting the wrong person, he will almost always support your boss, no matter how bad your boss is. So, do some careful thinking before your pick a fight with your boss.
How valuable is your job to you?
How will it affect you and your family if you lose it.
How much time have you built up towards retirement with this company?
How easy is it to get another job that is just as good?
It sounds like you are young and have been there a short time, so it may be a good time to look for another job. It is always best to find another job while you are still working. Don't wait until you quit or are laid off.
Most bosses are jerks everywhere you go. They are just normal people, nothing special, and they have power over their employees. Like most people, they do what they want, what they can get away with, and look after themselves first. So, jumping to a new job is not always better. But if you can get in with a good company with good benefits, that is a really good thing. (Government jobs almost always have easy hours and great benefits.) If your company is not one of the good ones, keep working there, but keep on looking for something better.
Good luck with it all. Remember that it’s best to make your own luck, and with a little planning, you can.
Um, from your story, it sounds like she might have been pulling your leg about doing the background check in the first place. If she learned anything about you that's damaging, and not public knowledge (like overturned convictions or sealed records), then you could potentially sue the sherrif's deparment...
Of course its legal, how do you think employers check on would be employees, you think they take their word for it what they put on their applications? People lie on those things more nowadays than previous generations. The employer has every right to find out your not a thief or committed crimes that you were punished for its part of the way to protect the business and other employees.
That is why people that have records don't get good jobs!
Yes it is . It's even Illegal to do background checks at the Sheriffs office if it is not needed
It is not illegal as some here have answered. Why do you think the records at the courthouse and police departments are called "public records"?
I've done back ground checks of women I've dated in the past, nothing illegal about it.
Yes, it is legal.
Anything that is PUBLIC record is fair game. anything that is CONFIDENTIAL is off limits, without signed permission. This, however only aplies if the person investigating uses government sources. anyone can obtain anything from anyone else who obtained it in an illicit manner without breaking the law, providing the illicit manner was not done on their orders.
Example?
I break into your home and xerox your bank account records. and your boss, having nothing to do with my activities, asks me for the info. I can give it to him/her and he/she is not liable for the illegality of the origin of the info.
Sucks, but that is the way it is!
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