Can you legally be turned down for a job for bad credit?

[The Budget Man]

Originally Posted by vsjhoc

Next time you fill out a job application, read the fine print. Quite often it says that you are giving the company your written permission to check your credit file. The prospective employer can't legally pull your file without your written consent. And so you have given them permission to make their emplyoment decisions about you at least partially based on your credit.

When it comes to the fine print we often accept what is there as being set. You have the right to negotiate, change and delete the fine print. If you were to base your objection on grounds such as invasion of privacy AND you had references that covered the area you wished to have removed, then you are in an area of strength.

Many countries have special organisations that deal with privacy and discrimination issues. These organisations can give you the correct wording or advice on these issues.

Enjoy Your Money
The Budget Man

www.PersonalityBudgeting.com
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[vsjhoc]

Originally Posted by The Budget Man

When it comes to the fine print we often accept what is there as being set. You have the right to negotiate, change and delete the fine print. If you were to base your objection on grounds such as invasion of privacy AND you had references that covered the area you wished to have removed, then you are in an area of strength.

Many countries have special organisations that deal with privacy and discrimination issues. These organisations can give you the correct wording or advice on these issues.

I agree with you in theory. As a former attorney, I could probably find all the case law I needed to support myself on those issues. But what chance do you have to get a job if you make those noises? Is a big company going to hire the person who refuses to allow them to run a credit check? The company will have even more reason not to hire you if they think you're trying to hide something and you're wrapping it up in some legalese arguments. Or you get branded as a troublemaker. Next applicant, please.

[LuxLiving]

dated, but relevant article:
http://www.ftc.gov/opa/1997/05/aldibrun.htm

now I would agree with that, if you use the credit report, you must abide the FCRA just like everyone else.

I am surprised to find it's been going on so long though, I would never have guessed that.

[The Budget Man]

Originally Posted by vsjhoc

I agree with you in theory. As a former attorney, I could probably find all the case law I needed to support myself on those issues. But what chance do you have to get a job if you make those noises? Is a big company going to hire the person who refuses to allow them to run a credit check? The company will have even more reason not to hire you if they think you're trying to hide something and you're wrapping it up in some legalese arguments. Or you get branded as a troublemaker. Next applicant, please.

I can see what you're saying. I would however use the pre-emptive tactic of modifying the agreement and providing extra references/ referees stating that though my situation was such and such I am able to perform in a manner suitable for a job. This could be done in a similar manner to how you deal with a serious medical condition (that does not preclude you from performing the pob on offer) or bad seperation from a previous workplace.

Enjoy Your Money
The Budget Man

A budget that works in half the time.

www.PersonalityBudgeting.com