Legal Question in Business Law in Florida
I am looking for a baby sitter and for someone to run a few errands for me. I want the individual to take a back ground check and provide me with the results. Is it legal to have the prospect employee pay for the cost of the background check?
1 Answer from Attorneys
First, I'm not familiar with any law preventing you, a private employer, from requesting that someone who seeks employment with you to pay for a background check prior to you employing them. You are a private employer and if this is a condition prior to the hire - the prospective hire will need to decide if paying for a background check is worth the possibility of employment.
Second, there is a practical concern that you should consider. There is the possibility of fraud associated with the result if the prospective hire is paying for the background check. If you're paying, you control the result, but if they are paying, who knows what can be manipulated during the process or the delivery of the result.
This is NOT LEGAL ADVICE. It is intended for informational purposes only and should not be relied on to make any legal or medical or other major decisions. If you have any specific questions or inquiries regarding any of this information, you should consult with an attorney licensed in your state.
Cary Levinson, Esq.
Levinson & Capuano, LLC
(954) 703-2110
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