Your Rights: Background Checks
Although state law varies it is standard procedure for employers who are within their legal rights of hire to do background checks on potential employees. This is to reasonably safe guard against any persons with culpable backgrounds who could become a liability to the company if their offense reigns contrary to the position they may hold. For example, a Bank Manager would not want to hire someone accused of robbery or fraud. Many positions come with some amount of confidentiality and trust of valuable resources. A company just wishes to ensure that whatever classified information and resources for which they are held responsible is being manger by the best person possible.
Outside of the obvious references, school records and past employers legitimate checks by the employers will include the following: Credit reports, Driving record, Criminal records, Medical records drug testing, sex offenders list and court records.
Federal laws concerning background checks is governed by the Fair credit reporting act (FCRA). This law is responsible for the regulation of outside reporting agencies, and consumer reporting agencies. The Employers will have to get your permission for a background check from these agencies. Please note that if based on the report the employer refuses to hire you or fires you as a result you are entitled to receiving a copy of said background check which can be used in your defense to these allegations. Also ensure that you have a copy of “A summary of your rights” under the fair credit reporting act to substantiate claims.
On a normal basis you have to pay to get a credit report. However, the following are instances where you could get the information for free.
- Person having taken action against based on your credit report.
- As a victim of identity theft and there is a fraud alert placed on you file as a result
- As an unemployed with the expectancy of applying for a job in 60 days
Remember you are entitled to request an annual credit report for free at annualcreditreport.com
Any discrepancies concerning wrong or outdated reports you should write to the credit reporting company and the information provider for expediency. Also based on statutes of limitation laws the credit report company cannot send out negative or incriminating reports seven or ten years old. Find more information on the FTC Consumer website.
If you suspect that there has been a violation to your privacy on the above premises, contact us at the United Employees Law Group with regard to work place laws and ethics and your rights as an employee.
Photo Credit: Shutterstock/Zoran Orcik