Pre employment background check--how far can they go?

I just applied for a job a few days ago. It is routine in my profession to do a criminal background check, which I have no problem with. But why was I asked to sign a paper giving them permission to do a criminal record check, and driving record, and credit report!!! I signed the form but crossed out driving record and credit report. Why is my credit and driving record a condition of employment? Do they have the right to deny me employment because I denied them access to personal financial info and my whoopdy-do-----driving record?!!

You didn’t say what industry but I used to work in financial services and the company wouldn’t hire anyone who had filed for bankruptcy or had written bad checks because they were considered a financial risk. While I was there a very good employee was fired because she bounced a couple of checks.

Bounced a couple of personal checks, or company checks?
I’m a nurse.

My roommate works in the White House. Before she could get hired, the Secret Service came and interviewed all her family, all her friends and did background checks on all of us. Be glad you don’t have to have that sort of check.

A credit report is allowed to be used for employment screening, and not just employment screening for people handling money, etc.

You want the job? You didn’t help yourself by asking that they not check your credit.

Ok, even a nurse with bad credit might be perceived as someone more likely to steal, or be deliquent with other obligations.

Credit reports and driving records are commonly seen as indicators of responsible, compliant behavior. If you can’t handle money and can’t follow rules, you’re a greater risk as an employee.

You’re probably right (as in the reason) but you gotta love Guilty until proven innocent, eh?

Ooohhh… I see you delcared bankruptcy 3 years ago. Therefore, I think it is reasonable to assume your a thief and a bad employee.

:rolleyes:

bernse - a job is a ‘privelage’…not a right…and you chose a terrible example because bankruptcy cannot be a deciding factor, even if it appears on your credit report.

Employment is not ‘criminal justice’…and even in criminal justice, the 'guilty until proven innocent thing" is way overstated. Conviction guidelines exist, but they are based on ‘presumption of innocence’ and ‘beyond reasonable doubt’.

All that aside, it doesn’t mean an employer assumes the same guidelines as the criminal justice system.

You want to bet? The employer just won’t necessarily say its the deciding factor.

And thanks for stating the obvious for the rest of it.

For the record, I’m agreeing with you.

bernse - a credit report pulled for employment reasons is different than a regular credit report. Employers pulling reports are coded differently and get less info so they can’t misuse it.

It omits info about age and any information relating to bankruptcy, so the potential employerr never sees it.

Sorry, Nevermind, but you just lost the job.

Even getting past the fact that you wouldn’t allow them to follow their procedures so that you could make it past the screening process, you have marked yourself as someone who has horrible credit (so they won’t hire since they have the policy of checking credit) or you are marked as who has principles and will not prostitute your personal privacy and allow them to walk all over you. In this case, you would be a ‘troublesome’ employee who isn’t a ‘team player’ and would not be a ‘good fit’ in the ‘culture’ of the company. In other words, you might be a pain when they want good, meek little worker bees.

Ok, Ok, the above is just a liiitttllee bit cynical but there is truth in there somewhere. The last company I worked for, people would actually use the second to the last line in the last paragraph (I think I have it word for word) whenever an applicant they wanted to bring on board wanted too much money (too much money==(translated)==market average) :stuck_out_tongue:

She bounced personal checks.

Well, I can’t speak for all credit reports but the ones I have seen are the same as ones we use for credit (IE - Opening accounts). When I request them, it doesn’t even differentiate the purpose of them. I just give them my ID code, and who I want the report run on.

Viola!

However, I’ve only done credit checks on individuals once or twice and over a year ago, so it is possible they are different.

Driving records are essential if the employee will be driving any company vehicle. If that isn’t the case, I’d be surprised if they pulled one (each one costs $$).

Credit reports -well, if there’s an employee bond involved, certain people are generally excluded from being covered under employee bonds, this includes felons, bankrupcies, history of substance abuse (tho’ I’m not certain how they’d determine this). I know about the other aspects 'cause I work w/felons, and know about the Federal Bonding program which will provide bonding insurance for people who cannot get routinely bonded.

“How far back can they go?” well, for driving position, they can look at your entire history of driving. Criminal background checks routinely are done for any convictions as an adult. Many companies, though, will only look at the most recent number of years.

I suppose for a nurse a bad driving and credit history might indicate drug and alcohol abuse? That might be a valid reason to check your records.

Interesting point about it costing $$ to get a driving record; I am surprised that they would do that. I don’t agree with that philosophy that “bad” credit or “bad” driving record= irresponsible over all. The first time I ever heard of that was when Allstate called me and said they could now offer me a DISCOUNT on my car insurance because I had good credit!! Even though that is obviously in my favor, my first repsonse was, “that is not fair”! When I asked him what the connection was, he stated that statistically speaking, those w/ bad credit tend to be irresponsible in other aspects of their lives, including driving, so there you go! What if last year, someone’s life was really screwed up and now they are on the right track–how long do you hold this against them? (I digress)

If they are going to use these things as guidelines for employment, then I would like to know what the criteria is. How do you quantify a “good” or “bad” credit report or driving record? I’m not applying for a loan! How does 3 speeding tickets over the course of 6 years measure up to one DWI and no other tickets or at-fault accidents? Etc. (I’m not driving co. car).

As far as drug abuse, I’m required to take a drug test, so my driving record is of no significance.
OPENGRAVE:
How did they even find out about her personal checks? That sounds so big-brother-ish!

And for the record, I have good credit, and nothing stellar on my driving record.

Obviously some human resource person somewhere wanted this information, and if you want the job, you are probably best advised to let them check everything, especially since you have nothing to hide. I’m sure there reasons are otherwise dumb/ paranoid, but they are the ones doing the hiring…

As to why they would want to do it? Well, I do some consulting in the healthcare world and as a nurse, you may know that all US hospitals and medical practices will be affected by a new law next year called the Health Insurance Portability and Accountability Act (HIPAA). It has new provisions for patient privacy and rights, as well as data security that creates all new kinds of legal liabilities for the healthcare field. As a result, lots of folks are just plain paranoid.

When Madonna goes in for a pap smear, you can bet that all kinds of people at the hospital who don’t need to know are checking out the results in the computer system. In the future, when the Department of Health and Human Services comes down hard on the hospital with huge fines for this kind of activity, HR will get involved and will want to say, “We thouroughly checked the background of Ms. Nevermind in EVERY WAY, hence we don’t know why she sold the results of the pap smear to the Weekly World News…” It’s a CYA thing. After all, in a legal proceeding if they subpeona your information and they find out that you had bankruptcies, or other issues, the lawyers are going to ask, “Why didn’t you know this information about you own employee??? All you had to do was have them consent to a credit/ driver license check to see how irresponsible they are, yet you chose NOT to do it…”

I guess if I get a phone call and they really want to do it, I’ll let them if it’s going to hold me up, but not without at least voicing my objection. I don’t need to shoot myself in the foot, but the invasion of privacy and the assumptions that can be made bothers me.