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Here's the real question, do you have to notify your current employer, or can you do that after the background check? My current position required a background check, and I requested confirmation that it was ok, before quitting the old job.
A lot of the current mentality is, if you don't have anything to hide, why are you making such a big deal about it? Well, it's because your income is riding on it. But again, with employment at will, the potential employer can say I don't like the fact that you're uncomfortable with a background check and we're moving on to another candidate.
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