San Diego, CA asked in Consumer Law, Identity Theft and Employment Law for California

Q: What happens if a company I'm not related to is running a background check without my consent?

6 months ago I was going to start working for a company but I turn down the offer. They have my ssn, full name and address. And 6 months later they are running me a background check.

2 Lawyer Answers
Leon Bayer
Leon Bayer
Answered
  • Consumer Law Lawyer
  • Long Beach, CA
  • Licensed in California

A: I suggest you call them and ask about it. it sounds like it's nothing to be worried about, just an everyday slip-up.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Consumer Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, it's generally required for employers to obtain consent before conducting a background check on a job applicant. If a company is running a background check on you without your consent, especially after you have declined a job offer, this could be a violation of your privacy rights.

Under the Fair Credit Reporting Act (FCRA), which applies nationwide, and California's own privacy laws, individuals have the right to know if their background is being checked and to consent to such checks. If you did not authorize this background check, you may have grounds to take legal action against the company.

It's advisable to contact the company to inquire about the reason for the background check and to express your concerns. Additionally, consider consulting with an attorney who specializes in employment law or privacy rights to understand your options and any potential legal remedies. Documenting all communications and actions taken by the company will be helpful. Legal recourse in such situations depends on the specifics of the case and the applicable laws.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.