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Privacy rights

Employers must balance their need to obtain background information on applicants and their right to privacy.

Employers have the obligation to protect their customers, visitors, and employees, so the background search goes beyond merely looking for a good employee.  But applicants' right to privacy is the law and breaching it may get employers in trouble.  These rights apply to requests for transcripts, credit reports, criminal records, passwords, and even aptitude tests and drug tests.  

Applicants also have a right to privacy regarding their private lives, such as smoking, drinking, and legally smoking marijuana. Employers must have a convincing business purpose before rejecting someone for their off-duty personal lifestyle. 

Federal laws like the Fair Credit Reporting and state laws have strict guidelines that employers must be familiar with.


My primary focus is on SMALL BUSINESS LAW. However, I also offer the following services: business consultation, business public speaking & argumentation, Veteran issues, and in some cases traffic & criminal defense.

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Disclaimer: The activities of Juan Vega Law PLLC and personal views of Juan Vega are their own and do not necessarily represent the views of the Marine Corps Reserve, Army Reserve, the Judge Advocate General's Corps, or the Department of Defense.