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When You Do Not Need Permission for a Background Check

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When You Do Not Need Permission for a Background Check


As an employer, by law you must get permission from a prospective or current employee before conducting a background check. However, there is an exception to this rule according to privacyrights.org:

In California, if you have "suspicion of wrongdoing" you are able to do a check without permission. In other states, you can do a "misconduct investigation" without the employee's permission.

A misconduct investigation is conducted by a third party. You can order one if you suspect your employee of: 

  • Misconduct on the job
  • A violation of federal, state or local laws or regulations
  • A violation of written policies of your organization
  • Non-compliance with the rules of a self-regulatory organization.

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