Can I provide my own background check for an employer?

I’m currently a live-in caregiver and my employer wants a background check on me. My only issue is that the company who would be doing the background check is his brother’s company and I just don’t feel comfortable with him and his brother knowing my personal business, considering his brother has nothing to do with my employment. My assumption is that anyone could do the background check and he has to be OK with it. Am I wrong?

Asked on March 15, 2018 under Employment Labor Law, North Carolina

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

The fact is that an employer can set the conditions of work much as they see fit or deem appropriate. This is known as "at will" employment. Accordingly, uness your treatment constitutes some form of legally actionable discrimination or violates the terms of a union agreement or employment contract, you have no rights regarding who conducts this backround check.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

The fact is that an employer can set the conditions of work much as they see fit or deem appropriate. This is known as "at will" employment. Accordingly, uness your treatment constitutes some form of legally actionable discrimination or violates the terms of a union agreement or employment contract, you have no rights regarding who conducts this backround check.


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