Employer Background Check

WHEN DO EMPLOYERS RUN BACKGROUND CHECKS?

Most companies’ employers run background checks in NYC as a part of the employment process. However, it largely depends on the type of work. Employment reports are useful for all workplaces to let an employer know the background and work history, criminal record, and other public records of a potential employee. Even if certain security clearances are not required as part of employment in a certain job, the business might still obtain a background check before employment is offered.

Background checks protect not only employers themselves, but also their other employees and clients. If the new candidate can be considered dangerous, the employer should deny him employment because he carries responsibility for clients’ safety while they interact with his employees.

An employer is obligated to obtain your consent in written form before he is able to examine your credit report or run a background check. He must warn you that information he might collect could be used against you in order to deny you employment. He is also responsible to tell you if he plans to talk to your friends, relatives and acquaintances.

Upon completion, employer must prove that his actions were legal as he has informed you of the procedure and has conducted it without background check violations in NYC.

LAWS GOVERNING EMPLOYER BACKGROUND CHECKS

Just as an employer has the right to check applicant’s background, an applicant and an employee have rights of their own.

Due to background check’s relation to history of criminality and financial history, federal laws govern conditions under which a background check can be run by an employer.

For example, the reason for background check must not be:

  • Gender

  • Age

  • Nationality

  • Faith

  • Race

  • Disablement

  • Genetic tests

Therefore, if an employer decides to check applicant’s background, he must check every other applicant too. He is unable to cherry pick and only check background of those who are Christian, female, over 40, Italian, disabled etc.

Under the FCRA (short for Fair Credit Reporting Act), employers are forbidden from acquiring background checks without making it clear to the potential employee through clear, written documentation. This notice must be made separately from any other information given to the potential employee before the employer can legally request a report from a credit agency.

Employers need written authorization from the applicant to obtain such a report, and must notify the applicant before any unfavorable action is taken as a result of the report so that applicants have the opportunity to dispute errors before being denied employment because of background check.

Background checks may have reporting errors that may cause an employer to deny an applicant a job or fire a current employee. When errors are involved, the law allows consumers to legally dispute any false claims made against them.

Common cases we see:

You may have a case under the FCRA if you notice the following being reported on your background report:

  • Another person’s background information.

  • False or incorrect information.

  • Misdemeanors listed as a felony.

  • Misstating the nature of the court proceedings.

  • Conviction that has been expunged or vacated, or any information from sealed records.

You may also have a case if you have experienced the following procedural incidents:

  • Your employer did not get your written permission before obtaining a background check on you.

  • You were fired from your job based on your criminal history but were not given a copy of your background report.

  • You were not given a copy of your background report before any adverse action was taken.

CAN YOU DENY BACKGROUND CHECK?

While an employer must receive your consent in order to check your background, it is still his right to deny you an employment based on information he might receive.

You can prohibit background check if you are sure it will prove you unfit for the job. For example, if you have been under house arrest recently or applied for CPL. But then again, an employer is able to reject your application based on your denial. Furthermore, he can fire you in case you’ve denied him a background check while already being his employee.

While there's a wide selection for an employer of background check services in New York, it's still your decision whether it will be of use to him in your case, or not.

HOW WE CAN HELP

Our attorneys work with individuals and on a class action basis, such as if an employer fails to comply or if the consumer reporting agencies does not fix any problems that have arisen.

If reasonable investigations are not conducted after a consumer argues the accuracy or completeness of information provided in a consumer report to an employer, our attorneys will review the case and make sure you get help you need and take the proper course of legal action.

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