Is it Illegal to Perform Background Checks on Existing Employees?
- Under the Fair Credit Reporting Act, employers can run a credit check on workers for promotions, retention or transfers. Employees must authorize such checks.
- Employers can run a background check if an employee is suspected of job-related misconduct.
- Background checks can be conducted on employees suspected of violating an employer's written policies.
- If an employee is suspected of breaking the law, an employer can hire someone to check the employee's background.
- Employees suspected of breaking "with the rules of a self-regulatory organization ... that oversees the securities and commodity futures industry" are subject to background checks, according to the Privacy Rights Clearinghouse.