Do I have to give permission for a background check when it’s not my employer that is requesting it?

UPDATED: Aug 31, 2011

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Do I have to give permission for a background check when it’s not my employer that is requesting it?

I am in medical sales and work for a large well respected company. One of the hospitals that I call on is requiring that I hive permission to run a background Check on me. My employer did a background check when I was hired but the hospital won’t accept it. I explained that if they needed more up to date documentation then my company would run another background check. That would bot accept this and are demanding that I comply. I have no other hospitals on my territory that requires this. All have been accepting of my companies documentation. Do I have to comply?

Asked on August 31, 2011 West Virginia


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You need to find out why this company (Hospital) is asking for a background check separate and apart from the one you had done through your employer. More importantly, take yourself out of this situation directly and ask your employer to go to bat for you if your employer wishes to keep this hospital as a client. Perhaps the system and agency used by the hospital is more in-depth and it wishes to protect its employees and patients from potential criminals. If this is the case and systems are not equal in terms of the extent and level of background check, then you may indeed have to submit to it. Consider also talking to the state attorney general about this hospital's business practices.

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 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.

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