My employer recently did a background check without my consent. How illegal is this?

michr

did they do a background check or did they check your references?
these are two different things

background checks are covered by the Fair Credit Reporting Act and can not be performed without you signing a release.

LIABILITY FOR VIOLATIONS OF THE FCRA
Failure to comply with the FCRA can result in state government or federal government enforcement actions, as well as private lawsuits. Sections 616, 617, and 621. In addition, any person who knowingly and willfully obtains a consumer report under false
pretenses may face criminal prosecution. Section 619.
see page 8 at http://www.ftc.gov/os/2004/11/041119factaapph.pdf

to file a complaint with the Federal Trade Commission concerning a violation of FCRA:
https://www.ftccomplaintassistant.gov/

dick h

Usually all of that fine print at the end of the application that you signed...you know the area where you sign and date it??
All of that fine print usually says something about the employer having the right to conduct background checks...
So,,its more than likely perfectly legal...also, if you are doing anything that would require you to touch money, drive company vehicles, anything that requires bonding....they will have the right to check.
Sorry...but they can do it.

Almond

Employers can get into legal trouble if they engage in overkill and unfairly invading your privacy. If the employer digs too deep. Questioning neighbors, ordering credit checks, and performing exhaustive searches of public records.

ObaMoose

You can do a background check on anyone if you have some basic information about them. They have your address and SS # so that is plenty. They usually only cost $35-$50.

The check will cover any criminal record, lawsuits and addresses for the last ten years.

Judy

Not illegal. Unusual though if you've been employed there for awhile, since they are more commonly done when you are hired.

Jen

In the United States, it's usually illegal. Consult an attorney. The Fair Credit Reporting Act (FCRA) is the federal act governing background checks as well as establishing rights. States can override it if they want to and California happens to be an excellent example. Check out www.privacyrights.org for more information on this and your rights as to what you can do now.

I needed to add, that in many states an employer can do a background check without your consent if they suspect wrongdoing.

ladyjane7777@yahoo.com

If you want a job its not illegal. They have every right to check your background.

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