Legal Question in Business Law in Illinois

I am a small business owner and just hired my first employee. I ran a background check on the new hire, which was clean, and now one of my clients is asking for a copy of the background check "to put her more at ease". We do dog walking and pet sitting, which has us accessing the homes of our clients, so I can understand her concern, but I don't know if it is legal to provide her with a copy of a background check. It seems like that would be an invasion of privacy for my employee. Any info regarding this would be appreciated. Thanks!

Asked on 9/28/10, 2:35 pm

3 Answers from Attorneys

Bruce Burdick Burdick Law Firm

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This is elementary my dear Watson, simply ask your employee for approval to release the information. Since it is clean, this should not be a problem for your employee to give. Then you can release it without legal risk. Get the approval in writing for your protection.

Answered on 10/03/10, 4:44 pm

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Kevin B. Murphy Franchise Foundations, APC

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In addition to the other attorney answer, which is right on point, you need to plan for these same issues going forward. It is not appropriate for clients to get copies of these background checks. Your bonding, etc. insurance, and the fact you do a pre-employment check, should be more than sufficient. Consult with an attorney in your area for specifics.

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

Franchise Attorney

Answered on 10/04/10, 6:48 am

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