Employers need to use caution in checking criminal records. Information offered to the public by web-based information brokers is not always accurate or up to date. This violates both federal and California law when company credit check Mankato reported as such. Also, in California, an company credit check Mankato employer may not inquire about a marijuana conviction that is more than two years old.
In California, employers may access workers' compensation records after making an offer of employment. To gain access, employers must register with the WCAB and confirm that the records are being accessed for legitimate purposes. Although the agency may not reveal medical company credit check Mankato information and the employer may not rescind an offer due to a workers' compensation claim (California Labor Code 132a), employers sometimes discover that applicants have not revealed previous employers where they had filed claims.
In such situations, employers often terminate the new hire because it appears they falsified the application. Although these laws should prevent an employer from considering certain information, there is company credit check Mankato no realistic way for the applicant to determine whether such information will be revealed in a background check. This is particularly true for investigations conducted online where the information obtained from web-based information brokers might not be verified for accuracy or completeness. For example, if you were arrested but never convicted, a data search could reveal company credit check Mankato the arrest, but the investigator who compiled the information might not delve further into the public records to determine that you were acquitted or the charges were dropped. best free credit report site Reputable employment screening companies always verify negative information company credit check Mankato obtained from data base searches against the company credit check Mankato actual public records filed at the courthouse. Can an employment application ask about things that should not be reported? The FCRA does not prohibit an employer from asking questions in an employment application. See company credit check Mankato FTC letters to Nadell and Sum: www.company credit check Mankato ftc.gov/os/statutes/fcra/nadell.htmwww.ftc.gov/os/statutes/fcra/sum.htm For example, an employment application might ask if company credit check Mankato you have "ever" been arrested.
The FCRA says a consumer reporting agency cannot report an arrest that from date of entry company credit check Mankato was more than seven years ago. It does not say the employer cannot ask the question. How to handle such questions on an employment application is of real concern to many people, especially those concerned with a youthful mistake from the distant past. free online credit reports State employment laws may limit the questions an employer includes on a job application. For example, in California an application may ask "job related questions about convictions except those that have been sealed, or expunged, or statutorily eradicated," but applications cannot ask "general questions regarding an arrest." www.dfeh.ca.gov/res/docs/publications/DFEH-161.pdf To learn about company credit check Mankato employment laws in your state, search the Internet for “employment inquiries” followed by the name of your state. State and local equal employment opportunity agencies, along with federal EEO field offices, may also be located through the US Equal Opportunity Commission Web site.
Aren't some of my personal records confidential? The following types of information may be useful for an employer to make a hiring decision. However, under the federal Fair Credit Reporting Act, the employer is required to get your permission before obtaining the records. (See PRC Fact Sheet 11, "From Cradle to Grave: Government Records and Your Privacy," www.privacyrights.org/fs/fs11-pub.htm) There are other questions such as age, marital status, and certain psychological tests that employers cannot use when interviewing. These issues are beyond the scope of this fact sheet.
If you have further questions, contact the resources at the end of this fact sheet. The federal Equal Employment Opportunity Commission and the fair employment agencies in the states handle these issues. What can my former employer say about me? Often a potential employer will contact an company credit check Mankato applicant's past employers. credit rating A former boss can say anything [truthful] about your performance.
However, most employers have a policy to company credit check Mankato only confirm dates of employment, final salary, and other limited information. California law prohibits employers from intentionally interfering with former employees' attempts to find jobs by giving out false or misleading references. (California Labor Code company credit check Mankato §1050) Under California law and the laws company credit check Mankato of many other states, employees have a right to review their own personnel files company credit check Mankato and make copies of documents they have signed.
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