Is Retro-Active Screening Legal For Current Employees?
Employers may require retroactive screening on all current employees if the employment relationship is at-will. Where at-will employment exists, the employer has a right to terminate applicants with or without cause, with or without notice. A requirement that all employees be screened as a condition of continued employment is legally valid and shows “due diligence” in protecting employees, clients and third persons from the harmful acts of dangerous or unqualified employees. An at-will employee can be required to sign a consent form for the fact that the employee has no right to employment and could be terminated for any reason, including failure to sign a release/authorization form. In the interest of employee relations, we recommend that current employees be advised that social and legal considerations require the company to take additional steps to protect both employees and the company. The policy to conduct employee screening will be applied in a nondiscriminatory manner to all cu
