Investigative Reports

[malik1000]

What is the name of your state? NY

Can an employer conduct an investigative background eport without prior Written consent?

 

[fairisfair]

almost anyone can conduct an investigative report. Should employers do so without a signed release, probably not a great business decision, but illegal? no. Did this investigation include any kind of a credit check?

 

[tessa]

I agree. That employers can do an investigative backround check/ report without employees knowledge. It is not a good idea though. On the other hand, company internal investigations (employee related) , can be done without having to even tell the employee.

 

[malik1000]

No credit check was conducted only criminal and MVR.

 

[malik1000]

The question is,

Is it Illegal?

 

[fairisfair]

The question is,

Is it Illegal?

I already answered that no it is not illegal. Those are public records, all you need is someone's name, heck you could check out the employer if you wanted to.

 

[malik1000]

I already answered that no it is not illegal. Those are public records, all you need is someone's name, heck you could check out the employer if you wanted to.

Even if I am not an employee? I was applying for a position and they conducted a background check without my written consent. That is Legal?

 

[Ozark_Sophist]

YES, it is legal. It is a matter of public record. In some states, you can search court cases, speeding tickets, divorces, etc online. I did a background check on my neighbor's, my contactor--heck, even my brother (hahahaha he got a ticket last year).

 

[fairisfair]

Even if I am not an employee? I was applying for a position and they conducted a background check without my written consent. That is Legal?

Can you read, for crying out loud. NO IT IS NOT ILLEGAL. Did you want me to say it in another language???

 

[malik1000]

YES, it is legal. It is a matter of public record. In some states, you can search court cases, speeding tickets, divorces, etc online. I did a background check on my neighbor's, my contactor--heck, even my brother (hahahaha he got a ticket last year).

Ok, so I guess it is safe to assume that you people are not Attorney's. Thank you for your input. I thought these issues were going to be addessed by Actual Attorney's on this site, I guess I had the wrong impression.



Take care.

 

[fairisfair]

Ok, so I guess it is safe to assume that you people are not Attorney's. Thank you for your input. I thought these issues were going to be addessed by Actual Attorney's on this site, I guess I had the wrong impression.



Take care.

Think what you will. Your question was answered correctly. Apparently you did not get the answer you wanted. Tough.

 

[malik1000]

Can you read, for crying out loud. NO IT IS NOT ILLEGAL. Did you want me to say it in another language???

Fairisfair,

Are you an attorney? And what State do you reside in? Laws differ from state to state. You are incorrect.

 

[fairisfair]

Fairisfair,

Are you an attorney? And what State do you reside in? Laws differ from state to state. You are incorrect.

Really, state the law in New York that makes it illegal to conduct a background search without written consent of the party. We will wait.

 

[malik1000]

Think what you will. Your question was answered correctly. Apparently you did not get the answer you wanted. Tough.

Ok smarty,

Are you familiar with the FCRA? It states that no employer is allowed to conduct any kind of background check without prior consent from applicant. DO some research. Or maybe it is different in your state.

 

[malik1000]

Ok smarty,

Are you familiar with the FCRA? It states that no employer is allowed to conduct any kind of background check without prior consent from applicant. DO some research. Or maybe it is different in your state.

I thought you would never ask,

Do I have a right to know when a background check is requested?

Yes. Amendments to the FCRA, in effect September 30, 1997, increase the disclosure and consent requirements of employers who use "consumer reports." Such reports might consist only of a credit check. (See Part 6) More extensive reports might include criminal histories, driving records, and interviews with neighbors, friends and associates.

To be covered by the FCRA, the Federal Trade Commission (FTC) says that a report must be prepared by an outside company -- a "consumer reporting agency" or business that "for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in ... assembling ... information on consumers for the purpose of furnishing consumer reports to third parties." (FCRA §603f)

Under the FCRA, the employer must obtain the applicant's written authorization before the background check is conducted. The authorization must be on a document separate from all other documents such as an employment application. In California, at the time an employer obtains permission for a background check, the applicant or employee should also be told that he or she may request a copy of the report. The FCRA, in contrast, says the subject is entitled to a copy of the report if a pre-adverse notice is given.

Under federal law, if the employer uses information from the consumer report for an "adverse action" - that is, denying the job applicant, terminating the employee, rescinding a job offer, or denying a promotion - it must take the following steps, which are explained further in the Federal Trade Commission's web site, www.ftc.gov/bcp/conline/pubs/buspubs/credempl.htm

Read it!!!!!!!!