credit check

[frankeu]

What is the name of your state? NJ
Does my employer have the right to do a credit check on me without my permission?
Thanks
Frank

 

[JETX]

"Does my employer have the right to do a credit check on me without my permission?"
*** Though most employers will get your prior approval, they don't need it.
Access to individual credit data is controlled by the FCRA (Fair Credit Reporting Act). Here is an excerpt allowing information without your permission:
"§ 604. Permissible purposes of consumer reports [15 U.S.C. § 1681b]
(a) In general. Subject to subsection (c), any consumer reporting agency may furnish a consumer report under the following circumstances and no other:
<snip>
(3) To a person which it has reason to believe
<snip>
(B) intends to use the information for employment purposes; or"

 

[frankeu]

I have been with them 4 years. So it isnt for employement.
They can do this? I cn understand when you are first hired but 4 years later?
Thanks

 

[JETX]

Personally, I would think it would not be right, but the FCRA cited in my earlier post doesn't indicate a restriction to first employment.

Why not contact your employer and ask them why they are pulling your credit report?

 

[starchamber]

Authorization Required

See http://www.ftc.gov/os/statutes/fcra.htm#604

2) Disclosure to consumer.

(A) In general. Except as provided in subparagraph (B), a person may not procure a consumer report, or cause a consumer report to be procured, for employment purposes with respect to any consumer, unless--

(i) a clear and conspicuous disclosure has been made in writing to the consumer at any time before the report is procured or caused to be procured, in a document that consists solely of the disclosure, that a consumer report may be obtained for employment purposes; and

(ii) the consumer has authorized in writing (which authorization may be made on the document referred to in clause (i)) the procurement of the report by that person.
-----------------------
You do have to provide the authorization. If it was procurred without your authorization then you may file a complaint with the Federal Trade Commission or sue in civil court.

Of course your employment could be terminated for refusing to authorize the report.