Remember the garbage truck job and the credit application?

[Star*]

Remember how I came home really steamed about the process and asked WHAT in the BLUE MOON does asking for my CREDIT background have to do with driving a GARBAGE TRUCK???? Well inquiring minds wanted to know so I kept on - and GUESS WHAT? IT IS ILLEGAL for them to ask ANYTHING pertaining to my credit status UNLESS it is DIRECTLY RELATED to my job. Driving a truck, picking up garbage, and going through recyclables do NOT in ANY WAY relate to that job. So do a lot of OTHER things - that employers are crossing the lines on because of the economy people are getting nosey and it's NONE of their business. I've shut down one FB page, and I'm considering deleting another. There is a buzz that employers are toying with the idea of asking for your password to peruse your FB page - THAT is also PRIVATE but they say it tells the real you - and well -not that mine has anything but a couple pictures and coupon sights - I'd really rather they didn't look. IT's invasion of privacy. ANd in MY MIND - it's an invasion of my FRIENDS (mainly all of YOU) as well. ANd FAMILY.

They also can't ask me - DO I HAVE CHILDREN, AM I A DRINKER, HAVE I BEEN ARRESTED (can ask have I been legally convicted of a crime) there are a lot of things they ABSOLUTELY AND LEGALLY can not ask and if they do? I can either tell them - it's illegal to ask or refuse to answer. I KNEW that credit app on a garbage truck was hooey. And now? I am going back there and ask for my application back. I have NO idea what they do with their sensitive material where they keep it, how they shred it - but I've had my identity stolen - and I want it back. I didn't get hired anyway. It's NONE of their business and it was ILLEGAL to ask for it.

Nuf sed. I have the complete list I'll post later - I'm off to a power point class.

 

[DaisyFace]

Star--

You are preaching to the choir!

But, this sort of routine invasion of privacy is becoming the norm, rather than the exception. It is ILLEGAL for anyone to search your person without just cause. BUT - just try an get on an airplane without being searched. Supposedly, we are "free" from this sort of thing in America....but in reality, it just aint so!

 

[AnnieO]

In Ohio... A few years back they stopped printing your SSN on your drivers license. Now if you want it on there you have to say you do.

About a year ago I wrote a check, they looked at my license (yup, it's me) and told me they needed my SSN. I asked what for and they said they just did. I refused. They told me they could not accept my check. I asked for a manager. The manager tried to argue with me and I pointed out that they could take my check without my SSN (almost $2000 as I remember), or lose the sale entirely. The manager called his manager... Hmm, turns out I was RIGHT.

But think - how often do we just hand out this information, without even thinking? Fill out an application - it asks for birth date - but it is against the law to ask your age - what just happened? Asks for your SSN - but that's also illegal. They cannot ask if you are married, in a relationship, have kids... But many do.

Many retailers are now asking for email addresses and/or phone numbers. I decline.

 

[1905]

It's completely messed up, why do employers want all that? I won tickets at a radio station- to the movies, and they wouldn't give them to me unless I filled out a form with my SS number!!!! I had to argue with someone and refused to do that, they still gave me them, but how many others just stupidly write it all down and leave it there on the counter? Over movie tickets. I shut down my facebook page also. I have another one with my maiden name only and I only write on there things I would want my boss to see, nothing personal at all. So, everyone on here who friended me, that's why I'm not on your friend list.

 

[Hound dog]

Very true Star.

Fortunately, I'm just still enough of a difficult child I dig in my heels and refuse to give it to them. If it costs me a job, then it costs me a job I'd rather not have in the first place.

Several years back I applied at krogers. They gave me some long form that wanted to know all the places I'd lived in the past oh......I dunno how many years but it was a LONG time. I just stared at it and did a wtf is this nonsense? What business is it of theirs where I've lived and wth does that have to do with me being a cashier? Not to mention when you live in apartments you move a LOT, husband and I did better than most and moved only about every 2-4 yrs, but still that is a LOT over a period of 20 some years, like there was anyway I was going to remember all those addresses to begin with. omg So I left it blank. Needless to say, I didn't even get an interview. You know, I don't even remember what Travis put down when he applied (but I KNOW he didn't recall most of the places we've lived), maybe they don't ask kids who just turned 18 or whatever, dunno. But I was peeved, major.

If you wanna do a background check on me, fine, I've got nothing to hide, I'll tell you what states I've lived in ect, but I'm not giving you addresses, that is just plain none of your business. And I dare them to try googling me. I've been mucking up THOSE waters for years, on purpose. Did you know Molly gets mail occasionally? And that she is considered to have a good income depending on how and where you search. lmao For my last two addresses, it would be rather difficult to tell who are the "real" people living in the home. Shoot, Molly and Betsy have their very own fb accounts just to make it look more real.

When I worked at Meijers it was standard to ask for someones SS#, actually you HAD to ask if they were writing a check. or charging something. What the bosses didn't know that while I did what I was supposed to and asked, in the next breath I told the same customer it was illegal and NOT to give their SS # out to ANYONE, especially a retailer! I dunno if Meijers still has this policy or not. I know their customers weren't happy campers.

My girls, now that their grown, tell me I have issues with authority. But I've noticed so far they follow dear ol' mom's example. LOL

 

[AnnieO]

If they are doing a background check - first you have to OK them doing a check - and then since you've okayed it you've pretty much said they can have whatever info they dig up.

I have a security clearance. I am required to write down everything for the last 10 years - which until June of this year would include XH. I haven't SEEN him since July 2001 and have not SPOKEN to him since March 2002, divorce was final in June 2002. BUT - by accepting a job - I agreed they could run the checks on me and that I would provide information to enable them to do so. However, the things they found out amused even me! (Oh, yes - they are required to provide a copy of the background check if you ask.)

Now for a job? You MUST provide your SSN - IF you are hired, not before. Payroll taxes. But not on the app itself! Not on dr's office records either.

 

[keista]

I stopped putting my SS# on applications years ago. And yes, you can still get a job if you refuse to give it to them on the app. Last mgr that hired me from such an app said I was "feisty" and he liked that.

 

[susiestar]

There are TONS of things they ask that are illegal. Did you know that if they contact a former employer and the former employer says ANYTHING other than yes, you worked there from date A to date B, you can sue the former employer for releasing your work records? Those are confidential and an employer CANNOT tell anyone about them. Even saying you were a good worker is a violation of federal law and you CAN sue and win. Esp in OH you can sue and win - most litigious state I know of. I was a manager and we got a lot of calls about former employees (waitresses and such change jobs a lot) and we could say NOTHING, not even that we would hire them back if they asked. I was often shocked by what other mgrs told me when I called to check references and employment history.

I won't even give the right zipcode when asked by a retailer. I have been known to tell people that federal law states that the social security number can be used for NOTHING other than social security purposes and it is ILLEGAL for ANYONE to ask for it for ANY other purpose. The driver's license bureau had a COW and a half when I told htem this. Esp wehn I pulled out a copy of the law and refused to let them have it and made them give me an actual number that was NOT that one for my license (about 20 yrs ago when they wanted to use your ssn as your license number.) I get really steamed about it now because the state of OH gave a man in Columbus MY ssn and he used it for years. We moved to OH and I could not get a driver's license even with notarized letters from the social security office that it was MY number and they had to get it back from the man and clear the records and they could NOT make me pay his unpaid fines. It was crazy but it was also what they did. I spent several thousand $$$ clearing that up and I still have panic attacks when I have to go to the tag agency because at one point they had me ARRESTED for trying to pass a false social security card!!! It was the original that my mother got when I was born!!!! I got that dismissed but had to go to court through a special program to get my license records cleared up and the judge actually had to have a cop give me a ticket to get me into the program or I would not have been able to get any license or even a state ID. I also had to do a bunch of stuff with the social security dept because the man was using my number and trying to claim MY work records and payments to soc security as his own to get disability and retirement. He actually called and cussed me out and tried to sue me for using HIS number when they could PROVE that it was NOT his. That suit went away quickly as the soc security office was really angry over all of this and they threatened to give me ALL of his records and credits and he 20 yrs in one career before he ever got my number. They were going to give me credit for ALL of that if he didn't pay all the legal fees nvolved including my atty and theirs, not just his own atty. It was a MESS.

I don't really put anythng on FB. I can't figure out who would care if I liked this or that. I have a bunch of family that keeps wnating me to do things nad friend them, but thank you, no. Not one can keep their mouths shut and I got tired of the judgement and criticism years ago. they can't bother to speak to me even if we bump into each other wehn I lived near them, except if my parents were with me, so I have NO use for them.

 

[KTMom91]

After working in retail for years, and being told to never leave blanks on an application, I fill in everything...either with a line through it, or DTS (decline to state). The doctor's office doesn't need my SSN.

And the new thing about employers wanting your FB password? Not a chance. They can look at my FB page the way everyone else does. I don't put anything up there anyway that I don't care if the world knows. This weekend I posted that I was watching The Shining. Big deal.

 

[MyFriendKita]

Some of the info being presented here is correct, some of it is not. For example, an employer most certainly can release more than just your dates of employment, without your permission. Our company will only give out dates of employment, salary, and position held, not because it's illegal to ask anything else, but because it lessens the chance someone will sue. It's much less expensive to avoid a lawsuit than to fight one, even if you're not in the wrong.

 

[FlowerGarden]

I can't believe they asked for your credit info! I hope you reported them to the Dept. of Labor. When I was in my early 20's, a potential employer told me that he wouldn't hire me because he was afraid I would get married soon and leave to have a baby. He also told me that he would deny saying it, if I complained to anyone. He wanted me to know that it wasn't because of my skills. Definitely illegal for him to do, but he was being honest. I was upset at first but then realized the job just wasn't meant to be.

 

[HaoZi]

Some of the info being presented here is correct, some of it is not. For example, an employer most certainly can release more than just your dates of employment, without your permission. Our company will only give out dates of employment, salary, and position held, not because it's illegal to ask anything else, but because it lessens the chance someone will sue. It's much less expensive to avoid a lawsuit than to fight one, even if you're not in the wrong.

Varies by state, some states allow to say someone was fired for cause, other states do not allow this. Best to know your own local law and any federal laws that apply.

 

[MyFriendKita]

Varies by state, some states allow to say someone was fired for cause, other states do not allow this. Best to know your own local law and any federal laws that apply.

The OP stated it is a federal law. It is not.

 

[DammitJanet]

Your doctors office will have your social security number if you have insurance most likely because your social security number is most likely tied into that in some way. I know medicare is your social security number followed by a letter. At least for the primary adult. A child receiving medicare off of his parents earnings will have his parents ss number followed by a c. In some places your medicaid number is your social. Years ago it always was so if you have been on medicaid for a long time, it could still be. They tend to not like to give new numbers once you have one.

 

[Signorina]

HR was a big part of my job a while ago and I still manage some benefits-so I get a taste now and then.

When we hire, prospective employees are asked to sign a release so we may check references, etc. Any background, credit and drug testing are done after the job has been offered & accepted but the job is contingent on satisfactory results. If the person does not check out, they are let go within the probationary period.

I agree w RM-we limit the information to verifying dates and length of employment and pay rate and eligibility for rehire only because we are concerned about civil liability not because it's illegal. A well said "yes" or "no" to "eligible for rehire?" can speak a thousand words... And the sword can bite both ways, some hiring companies are suing former employers for not disclosing enough info in references-especially if the former employee was disruptive or the reason for the "good reference" was simply to get them off the former company's unemployment dole.

As for credit checks/background checks/drug tests/screening tests-we've been advised to have a universal policy for all employees - so we check everyone or no one regardless of job description. Again, to avoid civil liability and claims of discrimination. The same is true for verifying application information. Any mistruth-big or small is grounds for dismissal -again a universal policy. We hate it-but it is what it is. We can't show favoritism in a measurable/documentable way and once we've broken a policy-it is no longer enforceable. And people can be petty. Our industry has high turnover rates so we need to be especially careful.

It's been a long time (years!) since I've read a pre-employment screening test-but I believe there were questions about drinking & drug use on them and they were perfectly legal. Iirc-they measured "attitude" towards drinking and drugs ...

We would never dream of asking for a FB password or medical records. Age, ethnicity, marital status, parenthood, sexuality etc are illegal to ask and therefore off the table. But if prospective employee offers the info-then it becomes fair game afaik. (so if a person mentions they took time off to care for kids/parents/spouse, we can ask if that's been resolved.)

There are also major differences between "right to work" states vs
"employee at will" states as far as hiring & terminating policies. (i work in an at will state) And small employers get a little more leeway -many laws don't kick in until 10/25/50 employees or more, ime.

Hth

 

[Star*]

My source -

9 Common Interview Questions That Are Actually Illegal

By Wall Street | Secrets to Your Success " Thu, Mar 22, 2012 4:17 PM EDT

Provided by

by Vivian Giang
During job interviews, employers will try to gather as much information about you as possible, so there's bound to be some questions that will require you to think.
But it's the simple questions that are often most harmful, and even illegal.
Any questions that reveal your age, race, national origin, gender, religion, marital status and sexual orientation are off-limits.
"If you look at the broad picture, the [interview] questions you're asked have to be job-related and not about who you are as a person," Lori Adelson, a labor and employment attorney and partner with law firm Arnstein & Lehr, told us.
[Related: Things You Shouldn't Say in an Interview]
If you are asked any inappropriate questions, Adelson advises not to lie, but, instead, politely decline to answer.
"Could they not give you a job because of that? Sure," Adelson says. "But if they do, they would be doing exactly what they're not supposed to do."
We asked Adelson to provide us with some illegal interview questions that are often mistaken as appropriate and judicial.
Have you ever been arrested?
An employer can't actually legally ask you about your arrest record, but they can ask if you've ever been convicted of a crime.
Depending on the state, a conviction record shouldn't automatically disqualify you for employment unless it substantially relates to your job. For example, if you've been convicted of statutory rape and you're applying for a teaching position, you will probably not get the job
Are you married?
Although the interviewer may ask you this question to see how much time you'd be able to commit to your job, it's illegal because it reveals your marital status and can also reveal your sexual orientation.
Do you have children?
Again, the employer may ask you this question to see your available time commitment with the company, but this question is inappropriate.
However, they are allowed to ask you directly if you have other responsibilities or commitments that will be conflicting to your work schedule.
What country are you from?
If you have an accent, this may seem like an innocent question, but keep in mind that it's illegal because it involves your national origin.
Employers can't legally inquire about your nationality, but they can ask if you're authorized to work in a certain country.
Is English your first language?
It's not the employers lawful right to know if a language is your first language or not.
In order to find out language proficiency, employers can ask you what other languages you read, speak or write fluently.
Do you have any outstanding debt?
Employers have to have permission before asking about your credit history and, like a criminal background history, they can't disqualify you from employment unless it directly affects your ability to perform the position you're interviewing for.
Similarly, they can't ask you how well you balance your personal finances.
Do you socially drink?
Employers cannot ask about your drinking, or even legal drug use, habits because these inquiries are protected under the American Disability Act.
For example, if you're a recovering alcoholic, treatment of alcoholism is protected under this act and you don't have to disclose any disability information before landing an official job offer.
How long have you been working?
This question allows employers to guess your age which is unlawful. Similarly, they can't ask you what year you graduated from high school or college or even your birthday.
However, they can ask you how long you've been working in a certain industry.
What religious holidays do you practice?
Employers may want to ask you this to see if your lifestyle interferes with work schedules, but this question reveals your religion and that's illegal.
They can ask you if you're available to work on Sundays.
More from BusinessInsider.com:

 

[donna723]

I remember interviewing for jobs back when I was very young before all these laws were passed. They could and DID ask you darned near anything, especially if you were a woman. Anything was fair game. There was a place right on the application forms that asked you what your religion was and they would ask you about whether you had a reliable means of transportation. And women were always asked if they had children ... a question they never asked men because they assumed that the wife would always be the one to stay home with a sick child. A woman with small children would be overlooked for someone who had no children. And in one interview, I was actually asked if I was on BIRTH CONTROL! They could ask you things like that back then. Believe me, we have come a long,long way!

 

[Signorina]

Donna-we used to get copies of our Employees Explanation of Benefits from our group health insurance. We put them in their employee files. I think they stopped cc'ing us in 1994 or so? Can you imagine? We knew about every dr visit, every test, every hospitalization of our workers AND their dependents! It was often too much information! (miscarriages, d&cs, warts, std & AIDS testing, etc) And if there was a problem-something wasnt covered properly--WE called THEIR doctor and the insurance company to straighten it out. Seems crazy by today's standards!

 

[donna723]

Signorina, we had something like that when I first started working for the State about 25 years ago. Back then you paid for your own doctor visits and prescriptions and then sent in a claim to the insurance company and they would reimburse you 80% of what you paid. At the institution where I worked, we were told in no uncertain terms, that we had to submit all our medical bills and receipts to the HR (Personnel back then) office and they would submit them to the insurance company. There was only one slightly scatterbrained clerk who processed these claims and sometimes she'd be weeks behind so people had to wait for their reimbursements. It had been done that way there for so long that no one really questioned it. Of course that meant that they knew everyone's medical problems, every doctors visit, every prescription they were on. It all changed when the Personnel officer retired and a new one took over! Come to find out, we were the ONLY institution doing it that way! Apparently she had decided that the average employee wasn't intelligent enough to submit their own insurance claims to the company so she had them all come through her office, even if it slowed down receiving the badly needed reimbursements! I think she did it partly out of nosiness too ... she knew EVERYTHING about everybody! When the new Personnel officer got there she couldn't believe that they had been doing that and quickly put a stop to it! Besides the fact that submitting all those claims was practically a full time job for the clerk, she said it was none of their d*mn business what everyone's medical problems were or what medications they were on!

 

[Tiapet]

I've been really disconcerted as here in TN every dr or dentist you go to must have your ss# or they will not see you when you first go. You have to bring your insurance card and your ss card or number with you. I'm not kidding. Oldest difficult child has medicaid, which is connected to the ss. You have to give that to the above each time you go to said offices for new visits period! If you to a new pharmacy, same thing (of if you forget the prescription card, which is different then the medicaid card). HOW can this be legal? I have tried saying not giving it out and they say then we can't see you!!!