Background check question

flutterby

Fly away!
Does anyone know...if a person is denied a job based on a background check, is he entitled to see the report?

easy child was turned down for a job because of the background check. They said he was uninsureable. The only thing he has is a speeding ticket, which he told them about and they said wouldn't be a problem. He told them about the accident, but told them the accident wasn't his fault. And it wasn't; the other driver was cited. So, I'd like for him to be able to see what came up to make sure it's accurate.

If they pull DMV records, the only thing on there is the speeding ticket. However, the insurance companies went to arbitration and easy child was found 50% liable for the accident because he was doing 50mph in a 45mph zone. It wouldn't have mattered, the other driver backed out into the road in front of him. Our insurance company thought it was ridiculous and his rates did not go up.

I'm just wondering what kind of information they pull.

I know if you are denied a job or a loan based on your credit report, you're entitled to a copy of your credit report. I'm wondering if the same holds true for background checks.

He is so, so, so disappointed. And bewildered. I am, too. A former friend of mine had way more points than that on her license and she was a school bus driver, for crying out loud.
 

klmno

Active Member
I think most places give a basic reason-- but it sounds like their statement that he was uninsurable did that. Did he offer to submit proof that he has insurance- making it obvious that he is insrable? He could call a higher up and very politely ask if there is anything he can do to clarify or help the situation or asked them who reported that because he doesn't think it's accurate. Is this a situation where he is insurable as a private driver, but they need it to be a commercial driver? If so, I'd check with the insurance company and see if he could be insured for what the company requirements are, then get something stating so in writing and fax it to them. This is the kind of stuff the fed government told me, except it was over credit and a clearance.
 

DammitJanet

Well-Known Member
I got a copy of my background report when I was denied a job and it listed the reason they gave. However, I tend to think they were lying to me too. They claimed they were only going to go back 7 years on my background check but they went back 10 and found a bad check I wrote (but made good on) and denied me the job. I think it was that they found the medications in my system even though I had all my scripts. They refused to allow me to give them copies of my scripts prior to the drug screen.
 

DaisyFace

Love me...Love me not
Heather--

Depending on the job...18 years old might make him "un-insurable". Some places require a person to be 21 or 24...
 

flutterby

Fly away!
I think I answered my own question:

http://www.privacyrights.org/fs/fs16-bck.htm#2

Under federal law, if the employer uses information from the consumer report for an "adverse action" - that is, denying the job applicant, terminating the employee, rescinding a job offer, or denying a promotion - it must take the following steps, which are explained further in the Federal Trade Commission's web site, www.ftc.gov/bcp/edu/pubs/business/credit/bus08.shtm

  • Before the adverse action is taken, the employer must give the applicant a "pre-adverse action disclosure." This includes a copy of the report and an explanation of the consumer's rights under the FCRA.
  • After the adverse action is taken, the individual must be given an "adverse action notice." This document must contain the name, address, and phone number of the employment screening company, a statement that this company did not make the adverse decision, rather that the employer did, and a notice that the individual has the right to dispute the accuracy or completeness of any of the information in the report.
 

flutterby

Fly away!
DF - they knew he was 18 when they did the background check. And they had another kid that started at 18. Maybe the combination of 18 and the ticket...I don't know. But, they said they could deal with that.

He's so disappointed. My heart really aches for him.
 

klmno

Active Member
It's really tough to get a job right now. When the economy is good and employers really need more people they aren't as picky, but in today's economy, I am finding that they are asking for perfect records, experience, etc., even in fields that don't require any special expertise. It's just real competitive right now and employers can be as picky as they want it seems.
 
Do you know if the job would have entailed driving for the company? If so, then that is probably the reason. If he was going to flip burgers or work retail (or something along those lines), a traffic ticket shouldn't make the slightest bit of difference.
 

flutterby

Fly away!
This is a company he knows, and who knows him, and they seemed to want to hire him. They even asked him if there was anything they should know before they paid to have the background check done. So, they did seem to want him and they knew about the ticket, as well as the accident (for which he wasn't cited).

It did involve some driving, yes. But, again, they knew about the ticket. I really want to see the report and make sure there is nothing inaccurate on it.

This is also a company we do business with - a lot of business with. As in roughly $25,000 in the last 18 months. So, if they are just using the background check as an excuse, I'd like to know that, too, so we can take our business elsewhere. I hope that's not the case. However, they were very vague. But then, the guy said he was going to shoot an email to whomever about it.

Sigh..............
 

skeeter

New Member
Even though the accident wasn't his fault, it could still be an "incident" and, depending on the companies insurance policies, cause him to be uninsurable, or at least have to have higher premiums paid.
 

DammitJanet

Well-Known Member
It may not be the traffic accident at all. It could be something else all together. Could they have accessed his medical records and found out he is seeing a psychiatrist and on medication? Or receiving therapy? That can make you uninsurable for a period of time. Or was he injured in that wreck? There could be several things going on.
 

timer lady

Queen of Hearts
Heather, I wonder if easy child wasn't hired because of year end financial statements & OMG this company figured out it's losing money.

Doesn't matter that you do business with them (harsh isn't it?), doesn't matter about the ticket; the insurance issue may or may not be valid.

Janet, it would take signing a HIPPA form for this company to access PCs medical information. Unlikely that would occur & would be illegal if it did happen.

 

DammitJanet

Well-Known Member
Ahhh...Linda...yeah I guess it would be. I just get a bit paranoid about what info people can access about us sometimes. I was blown away once in a lawyers office when he looked up from reading something and told me...didnt ask me...but told me that I had been injured in an accident when I was 12. Now maybe he would have known that if it was an automobile accident, but it wasnt, it was an accident at a state fair.
 
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