If my previous employer is refusing to provide a background check for a new job and this is causing me not to be able to work, is this legal?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If my previous employer is refusing to provide a background check for a new job and this is causing me not to be able to work, is this legal?

They have also refused to provide me with a copy of my personal file. I my state this is illegal.

Asked on August 29, 2012 under Employment Labor Law, Illinois

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Under the laws of all states in this country, one's prior employer is under no legal obligation to provide a former employee's personnel file and/or allow a background check. It is incumbent upon possible new employer to conduct his or her own background check of the possible new employee. Once an employee no longer works for an employer, the employer owes no further obligations to him or her.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption