No Background Check Authorization, No Background Check for You!
July 19, 2012 By Walcheske & Luzi, LLC
For Wisconsin employers, a common question is "what happens if the job applicant refuses to sign the background check authorization form?" The obvious answer is, the employer cannot run a background check on the potential employee without a signed background check authorization form.
However, as a job applicant, the consequence of denying a background check could mean the employer will reject you as a candidate for the job.
If you are an applicant, read the background check authorization notice carefully. The employer might specify how refusing to sign the authorization can affect you. Even if the background check authorization doesn’t contain such a statement, keep in mind that refusing to sign it can be held against you.
If you are an employer, there is no requirement that explicitly state any possible consequences of not signing the authorization form to the applicant. However, if you do not consider an applicant for employment because they didn’t sign the form, make sure you are applying that consequence evenly and without consideration to any other factors.
ABOUT THE AUTHOR: James A. Walcheske, Scott S. Luzi
Attorneys Walcheske and Luzi are the Managing Members of Walcheske & Luzi, LLC, Wisconsin's Employment Law Firm.
Copyright Walcheske & Luzi, LLC
More information about Walcheske & Luzi, LLC
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
If you are an applicant, read the background check authorization notice carefully. The employer might specify how refusing to sign the authorization can affect you. Even if the background check authorization doesn’t contain such a statement, keep in mind that refusing to sign it can be held against you.
If you are an employer, there is no requirement that explicitly state any possible consequences of not signing the authorization form to the applicant. However, if you do not consider an applicant for employment because they didn’t sign the form, make sure you are applying that consequence evenly and without consideration to any other factors.
ABOUT THE AUTHOR: James A. Walcheske, Scott S. Luzi
Attorneys Walcheske and Luzi are the Managing Members of Walcheske & Luzi, LLC, Wisconsin's Employment Law Firm.
Copyright Walcheske & Luzi, LLC
More information about Walcheske & Luzi, LLC
View all articles published by Walcheske & Luzi, LLC
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
