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Can a company fire you for a background check violation after hiring you?

Can a company fire you for a background check violation after hiring you?

Q: What is the consent to perform a background check?

Consent to perform a background check is a legal agreement where an applicant allows an employer to investigate their criminal history, credit report, and other relevant personal information. Employers must obtain this consent before conducting a background check, typically through a signed form.

Q: What federal law with which employers must comply to conduct background and credit checks on applicants employees?

Employers must comply with the Fair Credit Reporting Act (FCRA) when conducting background and credit checks. The FCRA requires employers to obtain written consent from applicants and provide them with certain disclosures regarding the use of their background information.

Q: What type of legal liability does an employer seek to avoid by performing background checks on all applicants?

Employers seek to avoid liability for negligent hiring by performing background checks. This helps ensure they do not hire individuals who may pose a risk to others, thus protecting the company from lawsuits related to workplace safety and harm caused by employees.

Q: What is an unsatisfactory background check?

An unsatisfactory background check typically refers to findings that reveal criminal records, poor credit history, or other red flags that do not meet an employer's hiring standards. This can lead to disqualification from employment if the results violate company policy.

Full question:

Is it legal for a company to employ you with a unsatisfactory background check, knowing the offense is against company policy, not inform you that the offense prevents you from being employed with that company and then the company discharge you 3 months later because of the same background check that they ran when they hired you?

Category: Employment
Date: 04/07/2025
State: Ohio

Answer:

In general, employment contracts can be terminated by either party at any time unless they specify a definite duration. If there is no set term, it is considered at-will employment, meaning the employer can terminate the employee for any reason or no reason at all. However, some state laws and court rulings limit this ability, especially when a termination violates public policy or established guidelines.

For example, if an employer discharges an employee in retaliation for asserting their rights under state law, this could be deemed unlawful. Additionally, statements made by the employer regarding job security or written policies may create an expectation of continued employment, potentially requiring just cause for termination.

In your situation, if the company hired you despite knowing your background check was unsatisfactory and did not inform you of this issue, it raises questions about the legality of their actions. If the offense was against company policy, they may still be able to terminate your employment, but failing to disclose this information could be problematic. You may want to consult with a legal professional to discuss the specifics of your case.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Can negligent hiring occur when proper background checks are not conducted?

Yes, negligent hiring can occur if an employer fails to conduct proper background checks. If an employer hires someone without verifying their background and that person later causes harm, the employer may be held liable. This is because employers have a duty to ensure the safety of their employees and customers by vetting candidates appropriately.

What is the consent to perform a background check?

What federal law with which employers must comply to conduct background and credit checks on applicants employees?

What type of legal liability does an employer seek to avoid by performing background checks on all applicants?

What is an unsatisfactory background check?

What is the new law in California regarding background checks?

California has implemented laws that restrict how employers can use background checks. For example, under the Fair Chance Act, employers cannot deny employment based solely on a criminal record unless it directly relates to the job. Employers must also provide applicants with a copy of the background check results before taking adverse action.