Consumer Reports, Background Checks, and Credit Checks Can be Part of the Job Application Process

Can an Employer Run a Credit Check and Consumer Report on an Employee?

Generally, employers may be able to order consumer reports and run credit checks on prospective employees under the Fair Credit Reporting Act (FCRA).  However, there are some regulations of the Equal Employment Opportunity Commission that can limit the scope and use of these type of checks and reports.  An employer must also receive written authorization from the applicant or the prospective employee prior to requesting any credit or background check.

Does the Employer Have to Notify the Prospective Employee of the Impending Check?

The New Jersey Fair Credit Reporting Act requires that the employer:

  • Give the prospective employee a clear written notice of that information will generally be included in the report;
  • The nature and scope of the investigation; and
  • The applicants right to request and receive a copy of the report.

What is included in an Investigative Consumer Report?

An investigative consumer report can contain specific information about the applicant.  Some of the items it may include are:

  • Information about a person’s character;
  • Information on the person’s reputation;
  • Information about the prospective employee’s personal characteristics;
  • Information on the prospective employee’s mode of living.

Investigative consumer reports can be obtained through interviews with family, friends, neighbors, and even former colleagues.

If you have any questions about your rights as an employee, you should consult with an employment law attorney.  An experienced employment attorney may be able to answer your questions and help you understand your rights.

The dedicated and compassionate attorneys at Vigilante Law Firm, P.C. would be happy to provide you with assistance in your case and help you recover the compensation you are entitled to. Contact us today to schedule a consultation so we can assess the specific circumstances surrounding your lawsuit.