back ground checks

UPDATED: Aug 26, 2019

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back ground checks

If a company denies you employment because of your back ground should they disclose that information if you ask for it? Does Wisconsin have ban the box law if so if and employer tells you that you have the job then rescinds on it after a back ground check can anything be done? this was for a police station.

Asked on August 26, 2019 under Employment Labor Law, Wisconsin


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

1) Yes, WI has a "ban the box" law.
2) You cannot be asked about--and the employer cannot do a check about--a criminal background during the initial application, but only later in the hiring process. 
3) If you passed the initial application process and got into the interview/hiring process, they could ask about your criminal background and do a background check.
4) They can refuse to hire if the results of the criminal background check bear on the job--and if you were applying for a job with the sheriff or police, then a criminal background is almost by definition relevant, since it goes to whether you are impartial, whether you can be trusted with evidence or contraband, whether you are trustworthy, etc.
5) It does not appear to be the case that they have to share the background check's results with you.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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