Yes, if you authorized it. The FTC says an employer's authorization can cover reports throughout your employment if the form says so clearly and conspicuously. Each report is still covered by the FCRA, including notice before any adverse action.
Some employers and gig platforms re-screen workers periodically, or enroll them in continuous monitoring services that flag new arrests, convictions, or driving violations as they appear in records.
Authorization
Under § 1681b(b)(2), an employer needs a stand-alone written disclosure and your written authorization before obtaining a consumer report for employment purposes. According to the FTC, if the employer wants that authorization to cover reports throughout your employment, it must make that clear and conspicuous. Look at the disclosure form you signed when you were hired. It may say the employer can obtain reports during your employment.
The FCRA applies to every report
Ongoing monitoring does not reduce your rights:
- Before adverse action, such as termination, suspension, or reassignment, the employer must give you a copy of the report and a summary of your rights (§ 1681b(b)(3)). The FTC lists retention, promotion, and reassignment among the employment decisions the FCRA covers.
- After adverse action, the employer must send an adverse action notice naming the screening company (§ 1681m).
- Accuracy and currency. The screening company must report criminal records completely and with their current status, or notify you when it reports them (§ 1681k), and must use reasonable procedures to assure maximum possible accuracy (§ 1681e(b)).
- Disputes. You can dispute errors and the company generally must reinvestigate within 30 days (§ 1681i).
Why monitoring alerts can be wrong
An alert may be triggered by a new arrest of someone with a similar name, or by an arrest whose outcome has not yet been entered. Before your employer acts, ask for the report itself, not just the alert, and dispute anything that is not yours or not current.
State and local laws may add limits on criminal history checks of current employees.
If you were suspended or fired based on an inaccurate monitoring alert, a free case review can help you understand your options, with no fee unless we win.
Related
- Background check lawsuits
- How to Fix a Background Check Error, Step by Step
- Deactivated From Uber Because of a Background Check: How to Dispute It and Get Back on the Road
Sources
- FTC: Using Consumer Reports: What Employers Need to Know
- 15 U.S.C. § 1681b (Cornell LII)
- 15 U.S.C. § 1681k (Cornell LII)
- 15 U.S.C. § 1681i (Cornell LII)
Updated November 2026. This page is general information, not legal advice.