Can a current employee refuse to sign a consent form for newly required background check?

Get Legal Help Today

secured lock Secured with SHA-256 Encryption

Can a current employee refuse to sign a consent form for newly required background check?

If so, may the employer terminate them?

Asked on June 11, 2013 under Employment Labor Law, New York

Answers:

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

Answered 8 years ago | Contributor

Unless some form of actionable dscrimination is involved or your job is protected by a union or employment contract, you are what is known as an "at will" employee. This means that you can be hired or fired as your employer sees fit, and for any reason or no reason at all. So while you have the legal right to refuse to sign a backgroundcheck consent form, you can lose your job if you do.


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