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Prospective Employer Can Check Your Credit…and Even More

March 18th, 2009 · No Comments         Print This Article Print This Article

Most consumers realize they give up many privacy rights when they enter the workplace. But fewer know how much even prospective employers have a right to know. A 56-year-old New York City woman is troubled by that news because she filed for bankruptcy about six years ago.

“I have been experiencing great difficulty getting hired. My unemployment compensation has run out and, like everyone else, I need a job to survive. Is there anything I can do to find out if this bankruptcy is the root of my problem?” she asked.

An employer is legally permitted to use consumer reports as part of the hiring process or even during employee evaluations for promotion, reassignment and retention. The employer can analyze your bill-paying history, driving record and criminal history and more, including public records. If you filed for bankruptcy, there’s a good chance it will show up in a public records search.

But keep one thing in mind. All employers are required to comply with the Fair Credit Reporting Act. That means they need written consent from the job applicant or employee before they start snooping. They are also required to follow specific rules if they take negative action - such as refusing to hire someone - because of information obtained in a consumer credit report.

If you’re concerned your bankruptcy is keeping you unemployed, look at the situation realistically. Did you sign anything giving the prospective employer the right to obtain any kind of consumer credit report?

If you did - and did not get the job - then you have a right to ask whether information in the report had any influence on the decision. By law, the prospective employer is supposed to provide job applicants with both a preadverse action disclosure before rejecting any application and an adverse action notice as soon as the decision is final.

Applicants can sue prospective or current employers who fail to get permission before requesting a consumer report or who fail to provide preadverse action disclosures and adverse action notices to unsuccessful applicants.

Tags: Credit

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