Can an employer require abackground check andTB test after you have been working for a year?

I was hired 1 year ago as a “companion” (caretaker) for my best friend’s mother. My friend is her mother’s power of attorney; her sister is not POA. There are 2 other employees from the agency and another employee (hired from word of mouth) by the sister. This employee has made a mistake and now the sister is having her take a TB test and having a background check. The sister has told me since the other worker is being made to do this, she can’t ask her to do it and not have me do it as well. I have nothing to do with this employee’s mistake. The director said I don’t have to.

Asked on August 25, 2011 Mississippi

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you have no written agreement with your employer or a signed employee manual requiring that you take a "tb" test or any other test as a condition of continued employement, you do not have to take any such test.

The only time where you would be required to take such a test would be the result of a court order resulting from a request from a public health employee due to concerns for public safety ordering you to take such a test. To have you voluntarily take a "tb" test is something that you can take or refuse. That is your choice. You cannot be required to take any such test by your employer based upon what you have written.

As to having a background check upon you by your employer, whether the employer does so or not, that is his or her perogative as part of the custom and practice of the business.

 


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.