Listen as Michigan consumer protection attorney Ian Lyngklip explains whether or not an employer can pull a background check or a credit report on you before hiring you.
You’re thrilled. You applied for a job you stumbled across in the paper, and you got the interview. It pays well, and you’re qualified. The interview was straightforward, and you’re confident you got the job. But now, the employer wants to pull a criminal background check or a credit report on you before hiring you. You feel uneasy. Is an employer allowed pull a background check or a credit report on you during the hiring process? The Fair Credit Reporting Act (FCRA) covers background checks and credit reports. It governs how, when and where an employer can pull a background check or credit report on a potential employee. Under the Fair Credit Reporting Act, both of these reports are considered to be consumer reports. If an employer intends to carry out a background check or retrieve a credit report on you, they must first receive your written consent. You should receive a written document containing the disclosure declaring the employer’s intention to pull a report or background check on you. The information in a background check or a credit report can be used by an employer to take adverse action against you. For example, this information may be the cause preventing you from getting a promotion or a pay raise. Once an employer has decided to take action against you based on the information in the report, they’re obligated by law to provide you with a copy of that report. In addition, they must provide you with a notice of their chosen action and why they have taken it. It is your right to have the opportunity to explain what’s on the report and to examine the report for any errors that need to be corrected. Watch the video to learn more. If you have additional questions about whether or not an employer can pull a background check or a credit report on you before hiring you, I want you to call me at (248) 208-8864. I welcome your call. Visit our firm's educational website at ConsumerLawyers.com, where you can view more videos and media content from our law firm.