The Legalities of Background Checks

Your X, Y, or Z reason you’ve decided that you want to delve a little deeper into the background of a particular individual that you are in regular contact with, in a professional context.  Maybe it’s the business associate you’re thinking of bringing on board as your new partner, maybe it’s your son’s coach, or maybe it’s your financial advisor.  Whoever it is, you’ve got an intuitive feeling that you want to know more.

The thing is you actually have to be careful when conducting a background check because in some cases you need to have consent, while in other cases you don’t.  This is one of the arguments in favor of always going through a professional service provider for your background checks.  You don’t want in your attempt to protect yourself from a potentially fraudulent person, to end up being the wrong-doer in the situation.

Here are a few ground rules to abide by.

1:  It’s fair game to go on any of the top search engines and social networks to hunt for information about an individual.

2: Corporate Background Checks

You’re allowed to conduct a corporate background check without the individual’s consent.  The problem, though, is that it’s against the law to not hire someone or not take someone as a tenant, on the basis of any background check information you obtained, without their consent.

This means, that you might be in an awkward position of knowing something that works against the individual, and confirms your concern, but then you have to act almost as if you don’t know.   If you want to be able to factor in a person’s corporate background check, then you need to have their consent prior to the check.

3: Consumer Background Checks

You’re allowed to conduct a consumer background check without the individual’s consent.

When you go for any background checks, think in terms of existing criminal records, aliases, liens/judgments.

Go through professionals to ensure your corporate and consumer background checks are thorough, follow best practices, and industry standards, and that they outcome of these checks can be used.

Contact today to talk to them about your particular situation, and to determine how they can assist you.