Employers Must Follow Rules For Background Checks

Most job seekers and employees are accustomed to routine background checks and reporting as part of hiring and job review proceedings. All too often, however, the employer seeks out more information than you may know, including your credit report. While this is legal, it must happen under strict protocol to protect the individual.

At Bensley Law Offices, we will investigate the report to determine if it was pulled without your knowledge and consent. In some cases, clients come to us after they have been passed over for a job and discovered that their credit report was pulled without consent. Our attorneys will review the situation and advocate on your behalf following this illegal use of your personal information. Call us today at 267-838-9654 or contact us online.

Representation In Employer Background Checks And Reporting Of Credit History

Employers may only request your credit and related personal information in the form of background check under the guidelines set forth by the Fair Credit Reporting Act (FCRA). These rules limit employers' visibility into your personal information, as well as what the information is used for. Consumer reporting agencies provide the information only if you are informed of the request and have given your consent in a written release, which discloses whether you formally allow the company to take adverse action based on the information. This release document must include a copy of the report, as well as an understanding of your FCRA rights.

If the employer takes action based on the information, he or she must provide you with written documentation of:

  • The name and contact information of the screening company that handled the request
  • A formal statement that adverse action comes from the employer rather than the screening company
  • Your rights in disputing the information provided on the report

It is not uncommon for employers to collect information on employees without proper consent, taking action without giving the employee any chance to review the information and contest any inaccuracies or provide an explanation.

Speak With A Lawyer Today

If you feel that you have been the victim of illegal background check practices, please call us. We can help. Set up an initial consultation by contacting our Philadelphia law firm today at 267-838-9654 or toll free at 800-254-3497.