So pretty much out of nowhere, my company has decided to do background checks on all employees – staff, freelance, temps, even outside vendors. Kinda nutty. I was really pissed at first, mostly from a privacy standpoint – how can I trust the company with my personal info; how long do they hold it for; who do they share it with? I’ve got nothing to hide, and I can even see their point of making sure they’re not employing murderers and rapist, but it’s just not sitting well.

I did find some interesting info about the process though:

• It is legal to request background checks on existing employees.
• If you don’t sign the authorization allowing the check they could decide to terminate. Very few states require an specific grounds to terminate employees, since there is a doctrine called “at-will employment” that is the standard in almost every state.
• If your criminal history showed information that would now make you ineligible for employment, they could terminate your employment.
• You can ask, but there’s no requirement that they disclose the information you are seeking, i.e. they don’t have to disclose the criteria to you for their decision-making.
• Background checking companies have access to just about all public database information. Criminal histories are public records, so there’s no lack of information available, except juvenile criminal records.
• If they don’t specifically state that they are seeking continuing permission for future checks, they can only run your reports once. The form has to include a statement giving them permission to run it more than once.
• If they run a credit report, then it’s governed by a law called the Fair Credit Reporting Act (FCRA). Your credit report will show general creditor information, but does not have specific shopping information.

Here’s some good info on background checks, both criminal and non-criminal:
www.privacyrights.org

SONG OF THE MOMENT: The Clash – “I Fought the Law”