Attorney John Nevins discusses the use of criminal background checks on employment applicants.
With respect to criminal background investigations, even if an employer uses one of these web-based search firms that may look at prior bankruptcies, prior criminal offenses, or other types of information that the employer may want to look at, the employer should consult counsel to determine what is permissible and what type of notice and consent that the prospective employee needs to provide. Once again, one has to look at the facts and circumstances to see what may be required. Even if the employer were to use its own personnel, one has to also determine what type of questions or types of investigations that the employees/personnel will conduct. If they were to go out to the neighborhood where the employee or the applicant lives, for example, and conduct interviews or things of that nature, that may be something which could be prohibited or at least only allowed in particular circumstances. It is probably good advice for the employer to have the applicant to sign off on this right to conduct such investigation so that these types of disputes do not occur.
