<\/p>\n

If an employer chooses to do a background check there are many different things he or she is able to investigate. Here are some of the things employers can get access to:<\/p>\n

\n
1. Credit Reports<\/strong>\u2014Employers have access to an applicant or employee\u2019s credit information. Negative credit information appears on credit reports for seven years, and bankruptcies appear for ten years. Credit reports are available to the public, however, employers are prohibited from using an employee\u2019s credit information to discriminate against him or her.<\/li>\n
2. Criminal Records & Arrest Records<\/strong>\u2014There are certain requirements employers must meet in order to investigate criminal and arrest records. Employers are prohibited to consider criminal convictions only if it is relevant to the job. Employers are only allowed to review an employee\u2019s arrest record if the arrest or arrests resulted in conviction or if the applicant is out of jail, but pending trial. Juvenile criminal records are off limits to employers and so are marijuana convictions that are more than two years old.<\/li>\n
3. Worker Compensation Records<\/strong>\u2014The only way that employers are able to access this information upon hiring an applicant is only after making the job applicant an offer, and an employer is prohibited from rescinding the offer based off of their findings unless an injury may interfere with his or her ability to perform certain job functions that are required. In order to access this information, employers must submit a \u201cRequest for Public Records\u201d with the California Workers\u2019 Compensation Appeals Board and include a reason as to why they need it.<\/li>\n
4. Medical Records<\/strong>\u2014There are strict requirements an employer must meet in order to have access to an applicant\u2019s medical records. The Federal Health Information Portability and Accountability Act, and the California Confidentiality of Medical Information Act protect a person\u2019s medical information from being viewed by others, even employers. Employers can only access and view an applicant\u2019s medical records to inquire about his or her ability to perform certain job functions that are required.<\/li>\n
5. References<\/strong>\u2014Employers have full accessibility when it comes to speaking to an applicant\u2019s references, including past employers, friends, neighbors, co-workers, etc.<\/li>\n<\/ol>\n

   If you, or someone you know, are facing legal issues in the workplace United Employees Law Group has the answers. Call Today for your free and confidential case review. Please feel free to CONTACT US with any questions about this blog or your exact situation.
   \n<\/span><\/p>\n

   ---

   \n

   Photo Credit: Shutterstock\/Africa Studio<\/p>\n","protected":false},"excerpt":{"rendered":"

   If an employer chooses to do a background check there are many different things he or she is able to […]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[66],"tags":[],"class_list":["post-697","post","type-post","status-publish","format-standard","hentry","category-employees-privacy"],"acf":[],"yoast_head":"\n