Employment background check waiver

[sinebar]

When a potential employee signs the background check waiver during the
hiring process does that waive his rights for as long as he is
employed with that employer or must the employer make an employee sign
the waiver again if they want to do another background check during
his employment? I hope that makes sense.

[Seth]

Post by sinebar
When a potential employee signs the background check waiver during the
hiring process does that waive his rights for as long as he is
employed with that employer or must the employer make an employee sign
the waiver again if they want to do another background check during
his employment?

What does the waiver say?

Seth

[sinebar]

Post by Seth

Post by sinebar
When a potential employee signs the background check waiver during the
hiring process does that waive his rights for as long as he is
employed with that employer or must the employer make an employee sign
the waiver again if they want to do another background check during
his employment?

What does the waiver say?
Seth

I was speaking strictly hypotheticaly. Sorry for not making that
clear.

[McGyver]

Post by sinebar

In article

Post by sinebar
When a potential employee signs the background check waiver during the
hiring process does that waive his rights for as long as he is
employed with that employer or must the employer make an employee sign
the waiver again if they want to do another background check during
his employment?

What does the waiver say?
Seth

I was speaking strictly hypotheticaly. Sorry for not making that
clear.

If the waiver says it is "in connection with your application for
employment" or something like that, I believe that a court would say that
this limits the effective period of the waiver to that initial transaction
period. But If the waiver says nothing that could be interpreted as a
limit to it's effectiveness, I believe the waiver would be effective
throughout the employment.

But here's an important caveat. My knowledge of employment law is limited
because I was never an expert in that field, and what little knowledge I
blundered into is now out of date. There may well be state laws on that
topic that I don't know about. So this answer is an unsupported opinion.

This answer must not be relied on as legal advice for the reasons posted
here: http://mcgyverdisclaimer.blogspot.com . And I am not your attorney.

McGyver

[Seth]

Post by sinebar

Post by Seth

Post by sinebar
When a potential employee signs the background check waiver during the
hiring process does that waive his rights for as long as he is
employed with that employer or must the employer make an employee sign
the waiver again if they want to do another background check during
his employment?

What does the waiver say?

I was speaking strictly hypotheticaly. Sorry for not making that
clear.

I have no doubt that a competent attorney could word the waiver to
have either meaning. Who was he working for when he wrote it? I'd
expect everything to be worded to favor his client (the company).

Seth

[McGyver]

In article

Post by sinebar

In article

Post by sinebar
When a potential employee signs the background check waiver during the
hiring process does that waive his rights for as long as he is
employed with that employer or must the employer make an employee sign
the waiver again if they want to do another background check during
his employment?

What does the waiver say?

I was speaking strictly hypotheticaly. Sorry for not making that
clear.

I have no doubt that a competent attorney could word the waiver to
have either meaning. Who was he working for when he wrote it? I'd
expect everything to be worded to favor his client (the company).
Seth

You are right to expect the attorney to try to favor the client, but you are
on shakier ground if you expect the attorney to be competent in legal
drafting.

This answer must not be relied on as legal advice for the reasons posted
here: http://mcgyverdisclaimer.blogspot.com . And I am not your attorney.

McGyver