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Is it Illegal to Perform Background Checks on Existing Employees?

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    Credit Checks

    • Under the Fair Credit Reporting Act, employers can run a credit check on workers for promotions, retention or transfers. Employees must authorize such checks.

    Misconduct

    • Employers can run a background check if an employee is suspected of job-related misconduct.

    Policy Violations

    • Background checks can be conducted on employees suspected of violating an employer's written policies.

    Criminal Activity

    • If an employee is suspected of breaking the law, an employer can hire someone to check the employee's background.

    Securities and Commodity Futures

    • 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.

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