Almost all of us can relate to the experience – when filling out a job application you are asked to sign a consent form, authorizing a prospective employer to conduct a background check on you.
Your life – including credit history, credit scores, driving record, etc. – has become an “open book,” with much that you once deemed “private” now accessible to many. More ominous still, any inaccuracies – of which you may not even be aware – could be undermining your efforts to land new employment.
What “must know” information do you need to ensure your background check is an employment tool and not a hindrance?
First, you should be aware that a prospective employer must gain your written permission in order to conduct a background check associated with your employment application. And if they wish to communicate with your associates, neighbors or friends, they will need you to sign off on what is known as an investigative consumer report.
What’s included in an employee background check? The Fair Credit Reporting Act sets the standards for screening for employment. At a minimum, a background check will verify your social security number. However, employers are generally seeking additional data on employment history, educational credentials, credit history and possible criminal background.
While there are obvious privacy concerns related to such requests, employers (arguably) have at least some justification in their “need-to-know” efforts. According to the Privacy Rights Clearinghouse, a consumer rights organization, areas of employer inquiry and concern might include:
- False or misleading data offered by job applicants, e.g., fictitious employment or educational credentials
- Negligent hiring lawsuits brought against an employer as the result of an employee causing harm to others
- Federal and state legal requirements for certain positions, e.g., those related to contact with children or the elderly
- Fallout from corporate scandals
Please note there is information that cannot be disclosed in a background check. An example is school records, which are confidential and cannot be released without the consent of the student.
Although you cannot be discriminated against because you filed for bankruptcy, note that bankruptcies are a matter of public record and it will show up on a background check.
Criminal history – The laws vary by state – some states don’t allow questions pertaining to arrests or convictions beyond a certain point in the past. Others only allow consideration of criminal history for certain employment positions. This information does typically appear on a complete background check.
Also, employers cannot request medical records and are not allowed to make hiring decisions based on an applicant’s disability. They may only inquire about your ability to perform a certain job.
So, What Are Your Next Steps?
The best way to prepare for a background check is to be proactively aware of any potentially damaging information that an employer might find. Consider using a reputable third party to obtain an exhaustive background check on yourself. For example, the report generated by background and reference-checking experts Allison & Taylor (www.allisontaylor.com) evaluates over 30 different categories in your background history.
If you find false data about yourself in your background check, there is a written process for having such data removed. Contact the nearest Consumer Reporting Agency for details of this process.
Equally important, ensure that your resume and job applications are truthful and accurate. Even if you land the job with a falsified resume, it’s not worth it being uncovered at some later point and ruining your employment history.
Know that if you are ultimately not hired as the result of information contained within a background check report, the employer must offer you a disclosure that includes a copy of both your report and your rights. They must also serve you notice that they have decided not to hire you and inform you of the name and location of the nearest Consumer Reporting Agency, as well as information on how to proceed in disputing the report (should you choose to do so).
In summary, it pays to conduct your own due diligence in accessing and potentially acting upon the same data that an employer accesses about you. The career you save may be your own.
To find out more about reference checking, please visit Allison & Taylor.
Allison and Taylor, Inc. FAQ:
Question:
Will my employment references know that I am having them ‘checked out’?
Answer:
Absolutely not. At no time do we reveal who has hired us to do this research.
Question:
Isn’t it illegal to ask about things other than title and dates of employment during a reference check?
Answer:
No, and that is one of the interesting things about references. It is a private conversation between two people, your past employer and a prospective one. Anything can be said, regardless of what the laws are. Go to your local legislator’s office. They can find the most recent laws for you but remember, every road we drive on has a speed limit. When we are running late, if a police officer is not in sight, we speed. There is not a reference police officer watching over you past employer. Essentially, your past employer or reference can take 5 minutes on the telephone with a total stranger and either increase your chances of obtaining a new position or absolutely ruin them.
Question:
Can I have additional or specific questions asked of my employment references?
Answer:
Custom reports are available for an additional fee. If there is any possibility of litigation, we suggest not to alter our normal course of business as this jeopardizes our unbiased research.
Question:
Who should I list as a reference?
Answer:
When compiling a list of employment references, try to look at it from the prospective employer’s shoes. First, you need responsive people that can confirm that you worked there, your title, reason for separation and other basics. Additionally, you need to list people who can vouch for your level of responsibility and performance. Also consider any party to whom you reported. These individuals do not necessarily have to be named on your list of references, but be assured, if you reported to them, they are likely to be contacted by a prospective employer.
Question:
What if my reference no longer works for my previous company?
Answer:
It is in your best interest to locate your previous supervisors and colleagues. We are not a detective agency, and neither are the prospective employers who will be considering you. Allison & Taylor can simply call your past companies and ask for forwarding information, just as a prospective employer would, but realistically this is likely to go nowhere. You could hire a private investigator or try to do this on your own. Call the company yourself, maybe someone you know is there and they would release the information to you. Can you call former colleagues or clients? The internet is a great source of information, try your own search. The bottom line is that in order for you to compare to your competition for other positions, you need to have your references and past supervisors in order.
Question:
If my employment references are bad, what can I do?
Answer:
A bad employment reference can be strategically dealt with depending on what is actually being said and to what degree things are explained. You need to first determine what is being said before you can develop an appropriate strategy. Depending on what the research reveals as well as the laws within your state, you may be able to take legal action. We suggest taking our report to an employment attorney for proper legal advice. Allison & Taylor, Inc. will be available to supply our research evidence and to testify in support of your situation should the need arise. Although we will not make a referral to a specific attorney, we do suggest finding one through NELA – the National Employment Lawyers Association. Additionally, very good legal advice and information can be accessed at US Law Books.
To find out more about reference checking, please visit Allison & Taylor.