Can an employer run a background check on a minor?

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Can an employer run a background check on a minor?

Asked on May 23, 2009 under Criminal Law, California

Answers:

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

Answered 11 years ago | Contributor

I could find no specific provision relating to minors.  It would appear that if the minor was a legal employee that a background check can be conducted pursuant to California law. 

Briefly, what I found is that you must give your authorization in writing before an employer can start the investigation process through a screening agency.  Again, your written permission is required; many times it's in the job application itself.  California law requires your specific authorization if information about your medical history or condition will be obtained. 

There is one exception in California.  Your permission is not required and you are not entitled to notice if your employer suspects you of wrongdoing or misconduct.

For a more thorough look at the law concerning employer background checks I have provided a link:  http://www.privacyrights.org/fs/fs16a-califbck.htm


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