Will My Prospective Employer Run A Credit Check?

 If you are looking forward to your upcoming job interview, you may be wondering whether your prospective employer will be concerned with your credit report. A background check must be performed to verify your personal information and whether you are eligible for the work. Unfortunately, most employers conduct background checks illegally. There is a legal limit to which your prospective employer should go. And if he/she seems to delve more, you should be concerned whether they are acting against the law.

 Are There Limits To Scrutiny Of My Credit Report In A Background Check?

Suppose you have been in an interview, and you believe your prospective employer delved much when conducting an employment background check in California. In that case, you may think of taking legal action. But before that, it’s a good idea to first speak with an employment lawyer. Every time an employer is conducting a background check and wants to have information on a prospective applicant's credit reports, they must follow the Fair Credit Reporting Act rules. These rules require each employer to give a prospective applicant:

· Written consent before getting details about the year credit report. Also, your employer must have a written consent if they are to use a private investigator to check your report.

· Suppose the employer has a reason to reject your application based on your credit report. He/she should indicate why. However, you must be given a chance to challenge any information that is not correct.

· Give an official adverse action notice if you will not be hired.

  It’s worth noting that your employer should not force you to sign the written consent form. Nonetheless, if the information is deemed helpful to help the employer make important decisions while conducting an employment background check in California, the employer may refuse to hire you. But if you have any negative information, you may have the chance to explain why. Again, it can be an excellent chance to detect any error since most of the credit report contains mistakes.

 Fighting for Your Legal Rights

California background check laws are very protective to employees when it comes to hiring decisions. After all, having to deny hundreds of applicant’s jobs because of a poor credit record may not make sense, and productive employees may not find their right positions. Your employer cannot discriminate against you simply because you have filed for bankruptcy. Though there are many ways, you can protect yourself against illegal background checks. Some of them include:

· Look at your credit report in advance before applying for a job: Your employer will be concerned about your pattern and how you handle your money.

· Make sure you pay your bills on time.

You don't want to be surprised after a job application due to a negative credit report that you could have been corrected.  And if any information from your credit report history is to be used against you, you have a right to receive the copy and learn why. This gives you a chance to dispute any incorrect information. If your employer violated California background checks laws, you need to fight for your legal rights. The fact is that your prospective employer must have written consent before getting your credit history. No one wants to be surprised when applying for a job after learning that the information used was not correct. With written consent, you may have had a chance to clean up your report.  All in all, if in a fix about your credit report, you can contact an employment lawyer to understand whether you have a claim and also learn about the available option for seeking damages.

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Created on Dec 25th 2020 01:37. Viewed 207 times.

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