Does an employee have to submit to a background check 3 years after they are hired? Is it legal to require an employee to submit to a background check 3 years after they are hired when they have no probable cause to request a background check?

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Does an employee have to submit to a background check 3 years after they are hired? Is it legal to require an employee to submit to a background check 3 years after they are hired when they have no probable cause to request a background check?

Does an employee have to submit to a background check 3 years after they are
hired? Is it legal to require an employee to submit to a background check 3 years
after they are hired when they have no probable cause to request a background
check?

Asked on April 7, 2017 under Employment Labor Law, Mississippi

Answers:

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

Answered 4 years ago | Contributor

Unless this action violates the terms of an employment contract or union agreement, there is no legal prohibition on conducting a background check months or years after an employee is hired. The fact is that most work relationships are "at will" so a company can set the conditions of employment much as it sees fit or deems necessary, that is absent some form of actionable discrimination (which you did not indicate to be the case).


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