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Employment criminal background check ontario canada?
Can I be forced to do a criminal check after being hired? I've nothing to hide from this company, I've worked with them before but I much more comfortable without the invasion of my personal privacy!!
2 Answers
- northernhickLv 71 decade agoFavorite Answer
Can you be forced?
No.
Can they ask you to?
Absolutely.
If you say no, what can they do?
Not all that simple, but still simple enough, and pretty unhappy for you either way. Perhaps you'll be entitled to justify your refusal. Probably not. Most employees in Ontario - depending slightly on industry - don't actually have privacy protection as against the employer. So there's no privacy legislation or other such thing that you can rely on to refuse. Depending on the reasonableness of the request, it may well be insubordination to refuse, and ultimately constitute just cause for the termination of your employment.
If it doesn't constitute just cause, then they'd be obliged to provide you with notice of termination in accordance (or pay in lieu thereof) with either your contract - subject to the ESA minimums - or alternatively (if your contract is silent or otherwise unenforceable on the point) on the basis of "reasonable notice" at common law. Length of service is an important factor for calculating notice, and since you say "after being hired", I'm going to go out on a limb and suspect that you're a new hire. Meaning very little length of service. Meaning a short notice period, and a recovery at the end of the day likely to be dramatically exceeded by your legal fees for getting there.
- It is . . .Lv 51 decade ago
I do not know about being forced, but for your employment may be required per company policy.