Background Checks On Independent Contractors

a client who requested a background search on a new bookkeeper they were hiring.

The bookkeeper would be treated as an independent contractor.

Other than modifying the authorization form from employee to independent contractor, do you take any other steps for screening contractors who will NOT be employees.

FTC Opinion Letters on point regarding independent contractors:
 
 
 
Barring, duress or coercion, it seems to me that the authorization was legally obtained and is legally valid (assuming it was a separate document and contained all the requisite language).  That said, if the consumer attempts to revoke the authorization during the background check process it would be reasonable to cease the background.  However, anything already processed/completed would seem to have been legally obtained and anything already provided to the client would also seem to have been legally provided.
 
 

Vincent J. Pascarella, Esq., SPHR

 

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