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Can an employer do criminal background checks

Discussion in 'Hiring, Applications, Background Checks' started by Atarhpe, Oct 8, 2013.

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  1. Atarhpe

    Atarhpe Law Topic Starter New Member

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    I am worried about my nephew who wants to get a job. He's only 15 but about to be 16. He has a shoplifting problem which we are dealing with and I think he will be fine. What are the problems he might face when he applies for a job? What does he have to disclose? Is it legal for an employer to do criminal investigations and background checks? I think so. How about asking private questions of other people or previous jobs you might list? I am afraid that someone might say something about his problem which I am hoping will be a thing of the past once he is out of this troubled phase he is in (his parents are in the middle of a bitter divorce.)
     
  2. Proserpina

    Proserpina Moderator

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    If he's asked, he needs to be truthful. Yes, an employer can do a background check. Yes, an employer can contact previous employers.

    If he's applying at anywhere involving financial transactions he's likely going to be out of luck.
     
  3. Betty3

    Betty3 Super Moderator

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    Per a reference I have (law book) - Time limits do not generally apply to minors. For example, juvenile criminal convictions cannot be reported, and credit bureaus do not generally keep records on minors. Also, because minors cannot legally give consent to a contract, any permission a minor gives to an employer to conduct a background check is invalid. Contracts with minors are voidable, so any permission given to conduct a background check would not be valid. This was in regard to 3rd party background checks.
     

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