Legal Question in Employment Law in Georgia

I have heard of employers offering employment pending passing a background and credit check, but is it legal for a business to do the background and credit check prior to making any offer?

In other words, a business will process an applicant's background and credit check and then make offers of employment after receiving the results.


Asked on 8/24/10, 1:03 pm

2 Answers from Attorneys

Phillip M. Cook Cook Legal Services, LLC

Yes, it is legal. Why go through the time and expense of setting someone up in a new job, only to find out that he failed a drug test, credit check, criminal background check, etc. and have to fire him? The only catch is that the potential employee MUST consent to the credit, background, etc. checks. If you don't like, no sweat -- just don't apply for a job there.

Best of luck.******The above is for informational purposes only and does not create an attorney-client privilege.*******

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Answered on 8/29/10, 1:07 pm
Scott Riddle Law Office of Scott B. Riddle, LLC

It is not the case that an applicant must consent to all background checks. Many are done with public information (i.e. court records, criminal records, bankruptcy, etc.).

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Answered on 8/29/10, 1:13 pm


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