This is a form signed by an employee or prospective employee granting an employer permission to do a background check.
New York Employee Permission to Do a Background Check
State:
Multi-State
Control #:
US-PRM-10
Format:
Word;
Rich Text
Instant download
Description
How to fill out New York Employee Permission To Do A Background Check?
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FAQ
Employers are not prohibited by law from disclosing to a potential employer - who calls for a reference about a former employee - the reasons that the employee left, as long as the information they share is truthful.
The applicant must provide written consent for the background check. If the pre-employment check is compulsory for hiring, the business must state it clearly in their written policies. The employee has the right to be notified about checks being conducted about their reputation, lifestyle, history, or character.
Federal law does not prohibit employers from conducting background checks before an offer of employment is made. State laws, however, may have restrictions. Although in most states a standard background check can be conducted prior to an offer, a small number of states do not allow it.
Job title or position with the company. The reason the employee left the company. Salary information. Job performance.
An employer may typically disclose a current or former employee's job title, the period of employment, salary amount, responsibilities, job performance, and whether they resigned or were terminated. There are no federal laws restricting what an employer can or cannot disclose, however, state laws may differ.
Under NY Corr L § 752 (2019), employers may not discriminate against applicants with one or more criminal convictions unless the convictions directly relate to the position, or hiring the applicant would place others at an unreasonable risk of harm.
If the company inquires further about salary, HR can give out that information as well, but it has the right to ask for express consent from the applicant. You do not have to give out any information whatsoever, including employment verification data and salary information.
New York City passed the Fair Chance Act which makes it illegal for most employers to ask about criminal history before a prospective hire is offered a job. The same goes for Buffalo and Buffalo City Code Section 154-25.
The New York State Office of Court Administration (OCA) provides a New York Statewide criminal history record search (CHRS) for a fee of $95.00. You can submit a CHRS request via our on-line Direct Access program or by mailing in a CHRS application form.
Criminal background checks can only be done after a conditional offer of employment. That background check must undergo a two-step process: If a criminal background check is run, any non-criminal background checks (education, references, job history, etc.) must be done before a conditional offer is made.
More info
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