Background Checks & Testing
As technology advances, more and more information about us is collected and accessible to anyone who wants to know. Credit reports, rap sheets, medical records -- it's all available to anyone who has the means to find it. But the law places some limits on what kind of information an employer can gather about applicants and employees, and how it can be gathered. The articles in this section explain the rules for background checks, testing, drug tests, and more.
Employment Background Checks & Information Gathering
Employment Background Checks & Information Gathering
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Find out what prospective employers can legally find out about you in the hiring process.
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Getting Hired With an Arrest or Conviction Record
Learn about legal protections for applicants and employees with criminal records.
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Can Potential Employers Check Your Facebook Page?
If you're looking for work, make sure your online posts won't cost you a job.
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Can Prospective Employers Check Your Credit Report?
Although federal law allows employers to check credit, some states don't.
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Can a potential employer check my driving records in California?
In California, potential employers can check your DMV records as part of a background check for a job.
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State Laws on Use of Arrests and Convictions in Employment
Does your state allow a prospective employer to ask you about your criminal records?
Employment Testing
Employment Testing
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Drug Tests for Job Applicants: If You're Asked to Take a Drug Test
Know your rights as an applicant if a potential employer requires a drug test.
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Find out your state's rules for testing applicants and employees.
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State Laws on Polygraphs and Lie Detector Tests
Federal law and the laws of most states prohibit employers from requiring lie detector testing, with very limited exceptions.
Questions About Background Checks and Testing
Questions About Background Checks and Testing
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Can I be denied employment for smoking?
Some states prohibit employers from discriminating against smokers.
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Can I refuse to take a potential employer's drug test?
An employer can't force you to take a drug test, but it can refuse to hire you without one.
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Will an Employment Lawyer Take My Case If I Failed a Drug Test?
Even if you have failed an employer’s drug test, you may have legal challenges to the test or to any actions the employer took based on the test results.
Talk to an Employment Rights attorney.
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