Finding a job: How Much can a potiental employer find out about you?

Question

I know there are privacy laws but i dont know exactily how they work. When they call a previous employer what all can be discussed. Ive heard soooo many versions of answers lol. I tried to work for a collections company and they called me and said the history didnt match and they couldnt offer. Do they all dig that deep?

Answer 1

Sometimes companies dig deep by calling references/former employers. Sometimes they don't. Companies can tell prospective employers, lending institutions or ANYONE who calls them pretty much anything they want.

However, most smart companies have internal policies that they only give out information if a release form is signed by the current/ex employee (and then they still may limit what they give out). Employers do this to protect themselves from slander and/or libel suits.

As an HR professional I only give out objective information. For example, date of hire, date of termination, last title, last rate of pay and eligibility for rehire. I do not give out information such as social security number, address, phone number, history of work comp claims, etc. nor do I say thing like "he was always late". However, I will VERIFY that I have the same social security number for an employee as the reference checker if they ask.

Many companies have third parties do investigative background checks that may include credit checks, criminal checks, references, education verification, etc. If and when those checks are performed by a third party they are subject to the Fair Credit Reporting Act. The FCRA is pretty strict and says that if any information gleaned from a third party background check is used to decide or make an adverse action (not employing someone, firing someone, etc) then the employee or prospective employee must be notified in writing, be told their rights and be told who the third party is so they can receive a copy of the report. Usually companies allow people to respond to the report in writing regarding incorrect information (like in the case of identity theft, misinformation or to explain the circumstances surrounding a particular item on the report) and then they "reconsider" their adverse action.

The best thing to do is 1) never lie on an application or in an interview 2) check your OWN credit and criminal reports to make sure they are accurate 3) be prepared to own up to your mistakes and show how you have changed your behavior so that the same mistakes will not occur in the future.

Check out the FCRA at http://www.ftc.gov/os/statutes/031224fcra.pdf. Good luck to you.

Answer 2

I'm not certain about all this but as I understand it. All they can say is that you did work there, and whether or not they would rehire you. I don't think they can get into any details about why you were terminated if that was the case.

Most people don't give out much information. But if you said you worked somewhere from date to date and those dates don't match then a simple check would find out. Most places if they are worth anything at least check your work record. So if you left one out they would figure that out.

Answer 3

Some industries won't check credit rating, but I'm sure most industries will check other things about you...like whether or not there is a criminal record, drug use, etc.

Answer 4

they can request a credit report and review to see where you've lived, how long, and payment stability.