Do I have a Lawsuit?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Do I have a Lawsuit?
I interviewed for pt dispatcher at local pd. I disclosed my criminal history
during interview. The police chief ran an unauthorized background check trying to
prevent my hiring and it didn’t work. I was truthful about background and council
voted me in. When the first background check didn’t work the police chief done
another in depth background check without authorization from his superiors and
without consent from me. I do not know what the background check showed because I
have not received a copy did not sign a consent and have not been able to explain
whatever showed up. This has never been done to another employee and whatever
showed up on the report got me terminated. The city said they do not run
background checks because they can’t afford it.
Asked on June 16, 2017 under Employment Labor Law, Alabama
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
You are operating under a misconception: that employee consent is needed for a background check. It is not--any person can run a background check on any other person at will without consent. There is also no obligation to share the results of background checks to prospective employees, or to give prospective employees a chance to rebut the results. What you describe may be immoral or unfair, and it may violate the normal procedures for this job, but it is not illegal, and therefore, there would be no lawsuit.
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 AttorneyPages.com 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.