Legal back ground check questions

Frequently Asked Questions
Contents:
  1. Credit Check Law
  2. State Organizations
  3. Social Links
  4. Frequently Asked Questions for Employment Background Screening
  5. Fair and Legal: A Recruiters Guide to Background Checks | SmartRecruiters

Knowing that many employers will likely look into your history before formally offering you a job, there are several steps you may want to take:. Today, it is common for hiring managers and recruiters to look at the social media profiles of job candidates. If there is information you do not want potential employers to access, make your accounts private and curate your content by deleting or hiding to manage what they will be able to see. Have the contact information of past employers and references at hand so you can accurately fill out employment applications. It may be helpful for you to know what a potential employer can learn from your records.

To do this, you may request information from various sources yourself.

Background Checks

For example, many financial services companies can provide you with your credit score free of charge. If you like, before you begin a job search, you can run a complete background check on yourself. This gives you the chance to spot and correct errors if there are any. Note: there is a charge for these reports.

If you know of something that may come up in your background check that could be a concern, discuss it with your potential employer. If you are specifically asked about your past in an employment application, be honest.

Credit Check Law

While policies vary from company to company, an employer is more likely to hear you out if you address parts of your history while also explaining how you could fulfill your job duties. Contact your professional references and let them know they may be contacted as part of the screening process, most likely to verify your work history. Note: Indeed is not a career or legal advisor and does not guarantee job interviews or offers. The information on this site is provided as a courtesy.


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Indeed is not a career or legal advisor and does not guarantee job interviews or offers. Sign in. Background checks are a standard part of the hiring process for many employers. An employer may also ask you to take a pre-employment physical.

State Organizations

If so, the Americans with Disabilities Act requires such requests be made only after a job offer. In both of these situations, the applicant would not have the ability to obtain a copy of the background check to find out what negative information it contained.


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Where do I go to complain about an employer or a background screening company that does not follow the FCRA? Complaints should be filed with the Federal Trade Commission. Your state may also have a law that applies to employment background checks. In that case, file a complaint with your state Attorney General as well. The FCRA includes a private right of action. Consumers may sue for violations. Attorneys who specialize in employment law may be located through the National Employment Lawyers' Association. State and county bar associations are another resource for referrals.

First, talk to the employer. Although the FCRA does not require the employer to hold the job for you, a sympathetic employer may be willing to give you a chance to correct any errors. Next, file a dispute with the employment screening company that made the error. You may first call the company and tell them about the error. Then follow-up with a written dispute letter pointing out the errors in the report. Send your letter certified mail, return receipt requested. Along with your letter you may submit information that verifies your side of the story. For example, you may have a common name.

The background check report may show a criminal record for someone with your first and last name but with a different middle initial. The process for disputing errors in an employment report is the same as the process for disputing errors in your credit report. After you file your dispute, the screening company has 30 days to investigate.

Social Links

If, during that 30 day period you file additional information, the investigation may be extended by another 15 days. So, 45 days is the maximum time allowed for considering your dispute. If information in your background screening report cannot be verified, it must be deleted. You must receive written notice of the results of the investigation not later than five business days after the investigation is completed.

You can ask the screening company to send the revised report to anyone who has received an employment report about you within the last two years. You also have the right to receive another free copy of your report within 60 days.

I want to file a lawsuit against a background check company for reporting inaccurate information on my background check, because it cost me my job. What should I do? You should contact an employment or consumer lawyer to discuss your situation. An employment lawyer can be found through the National Employment Lawyers Association. A consumer attorney can be found through the National Association of Consumer Advocates.

This is an investigation conducted by a third-party your employer may hire if the employer suspects you of:. Noncompliance with the rules of a self-regulatory organization that, for example, oversees the securities and commodity futures industry. It means your employer does not have to give you notice and get your permission to conduct a misconduct investigation. Like other inquiries covered by the FCRA, this only applies if the employer hires an outside party to conduct the investigation.

It also means you will not receive a notice of your rights as others who are subject to a standard employment background check normally would. If, at the end of the investigation, the employer decides to take some action against you, you receive the "adverse action" notice only after the action has been taken. You will receive only a "summary" of the investigation report, but not the more detailed report that may include sources. Any federal or state officer, agency or department or any officer, agency or department of a unit of general local government. Any self-regulatory organization with regulatory authority over the activities of the employer or the employee.

A government agency, in accordance with an existing FCRA section that allows a consumer reporting agency to disclose personal identifying information to a government agency. Not under the FCRA dispute procedure. The usual protections that apply to a "consumer report" conducted for employment purposes do not apply to workplace misconduct investigations. If you find yourself in this position, you will probably want to seek the advice of an employment law attorney. If you are going to be on the job market, you can take steps to prepare for a background check.

Order a copy of your credit report. Another individual's name may appear on your credit report. This happens when someone mistakenly writes down the wrong Social Security number on a credit application causing that name to appear on your file. Or you might be a victim of identity theft. Check court records. If you have an arrest record or have been involved in court cases, go to the county where this took place and inspect the files.

Make sure the information is correct and up to date. Many employers ask on their application if you were ever convicted of a crime. Or they might word the question to ask whether you have ever been convicted of a felony or misdemeanor.

Frequently Asked Questions for Employment Background Screening

Typically, the application says you do not have to divulge a case that was expunged or dismissed, or that was a minor traffic violation. Reporting agencies often report felony convictions when the consumer truly believes the crime was reduced to a misdemeanor, or that it was reported as a misdemeanor conviction when the consumer thought the charge was reduced to an infraction.

Court records are not always updated correctly. For example, a signature that was needed to reduce the charges might not have been obtained or recorded by the court. Don't rely on what someone else may have told you. If you think the conviction was expunged or dismissed, get a certified copy of your report from the court.

Check DMV records. Request a copy of your driving record from the Department of Motor Vehicles, especially if you are applying for a job that involves driving. A DUI driving under the influence or DWI driving while intoxicated conviction is not considered a minor traffic infraction.

Applicants with a DUI or DWI who have not checked "yes" on a job application may be denied employment for falsifying the form -- even when the incident occurred only once or happened many years before. The employer perceives this as dishonesty, even though the applicant might only have been confused by the question. Review your social networking posts.

If you have created profiles in popular social networking sites such as Facebook, review, and if necessary, edit what you have posted to make sure that an employer would not be offended.

Fair and Legal: A Recruiters Guide to Background Checks | SmartRecruiters

Do your own background check. If you want to see what an employer's background check might uncover, hire a background screening company that specializes in such reports to conduct one for you. That way, you can discover if the databases of information vendors contain erroneous or misleading information. Ask to see a copy of your personnel file from your old job. Even if you do not work there anymore, state law might enable you to see your file.