we are calling to do employment verification and reference check on (name of client). Typically the reference assumes we are considering hiring that individual or we have been hired to check them out for a company that is considering hiring them. Under no circumstances do we ever disclose who has actually hired us to perform the reference check. This allows our client complete confidentiality and the ability to use our information in court should the need arise”. Fortunately, there is recourse for those whose reference(s) have been documented as offering negative commentary about them. Cease-&-Desist letters or potential litigation may be appropriate tools in the hands of an employment attorney. If you suspect that a reference may be sabotaging your chances for employment, the first step is to obtain documentation by a third-party company indicating exactly what they are saying. And, the sooner the better - a negative reference can plague you indefinitely. Identifying such a person and preventing any further damage caused by them will surely be one of the best investments you will ever make. CHAPTER 28 What Will a Professional Background Check Tell an Employer About You? 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
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