Background Checks on Current Employees

While most background checks are done at the time of hiring, situations may arise where an employer wants or needs to conduct a check on a current employee (e.g., concerns about security risks, suspicion of criminal activity, insurance underwriting for a driver). Be sure to check federal and state law before proceeding. The EEOC has guidance on federal law regarding background checks. Determine whether state law requires you to obtain consent of an employee whenever a background check is conducted or whether the permission obtained when the employee was hired is sufficient.