Can I legally be fired for not submitting to a second background check ina year?

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Can I legally be fired for not submitting to a second background check ina year?

I hired in over 6 years ago, the company performed a background check and I was hired. About 9 months ago they passed around a permission form to fill out and sign for another. I objected and was told I could lose my job if I didn’t fill it out and sign it. Now, they want to do another, and it’s not even been a year since the last one.

Asked on October 8, 2011 under Employment Labor Law, Indiana

Answers:

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

Answered 9 years ago | Contributor

The fact of the matter is that you can be fired for this reason, any reason or no reason at all (with or without notice). In an "at will" employment relationship, an employer has great discretion in setting the terms and conditions of the workplace; this includes matters how often background checksare conducted and, more importantly, if and when to terminate an employee. For their part, an employee can choose to work for an employer or not.

Absent an employment contract or union agreement that prohibits such action, or if any of this violates your employer's own company policy, or this treatment is the result of actionable discrimination, no law is being violated.


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