Just be aware that some supervisors may not be willing to answer that question because of the prohibition against divulging personnel file information or the possibility of a defamation suit. Privacy and consent Don't think of pre-employment checks as a license to snoop into whatever information you want. Employers are subject to a number of state and federal laws governing privacy and confidentiality as well as the gathering and use of any information they obtain. For example, employers must inform prospective applicants in writing of their intention to do drug testing. Applicants must give their permission for the employer to obtain information from credit-reporting agencies.
Some attorneys also advise getting consent for checks of driving history as well.
Generally, when any of this information has an adverse effect on a hiring decision, the applicant is entitled to receive a copy of any report. The point is, there should be no surprises after you've hired someone, says Fischer. You should be clear up front with prospective employees about the background checks you intend to do and how you will use the information in hiring decisions.