Expired background check

[mrking5612]

What is the name of your state (only U.S. law)? Ohio


i worked a temp job for a couple of days through a temp. staffing agency i've gone through before. long story short, i quit the job after i found a new LONG TERM job. 2 weeks later my check comes and it's short $40.00. the temp. agency says it was for a background check but i did one a year ago already for them and if that expired, wouldn't they have to have me sign another consent form beform doing another one and just taking my money like that? i've called their corporate office and all and they just keep hanging up on me. HELP!!!

 

[Isis1]

what is the exact wording of your contract with the temp agency?

 

[RedemptionMan]

what is the exact wording of your contract with the temp agency?

most all of them have a stipulation that they can recheck ever so often that you originally signed. If gives them permission to run it again at an interval that they see fit

 

[mrking5612]

reply

what is the exact wording of your contract with the temp agency?

consent form says, i understand that (x) may conduct a criminal background check, vehicle record check, and education background check in conjunction with my application for employment and or as part of the placement process upon hire or thereafter.


MY point is that they said that my last background check expired because it was over a year old. Do they or do they not have to tell me or have me sign another consent form before they do another one?..the consent for was sign 2/27/2012 and they said this on 07/23/2013. i just thought if the background check expired because of the date then wouldn't the consent form?..

Back-story: i called them to see if i was still on file there because i didnt want to do the app again and etc and they said i was still on file and offered me a job(i didn't ask) i took the job but they never had me come in and do any type of paperwork at all. just told me when to show up for work the next day. NEVER SAID THEY HAD TO DO ANOTHER BACKGROUND CHECK OR ANYTHING. when i complained about the money taken out they said i couldn't do anything because i signed a consent form a YEAR AND A HALF ago(which they used at the time to do my drug&background check.)

 

[mrking5612]

stipulation

most all of them have a stipulation that they can recheck ever so often that you originally signed. If gives them permission to run it again at an interval that they see fit

if they had that stipulation, shouldn't it be clearly printed on the consent form?

 

[swalsh411]

I would contact the OH Wage & Hour Administration to see how to file a complaint, or sue them in small claims court. Who knows, maybe this will start a class action lawsuit.

 

[cbg]

i understand that (x) may conduct a criminal background check, vehicle record check, and education background check in conjunction with my application for employment and or as part of the placement process upon hire or thereafter.

Sounds like they DID tell you.

 

[davew128]

i understand that (x) may conduct a criminal background check, vehicle record check, and education background check in conjunction with my application for employment and or as part of the placement process upon hire or thereafter.

Sounds like they DID tell you.

Even so, what gives them the right to deduct that cost from the employee?

 

[cbg]

Since I haven't read what they signed or agreed to IN FULL (and I suspect neither have you), I'm not addressing that.

 

[swalsh411]

Since I haven't read what they signed or agreed to IN FULL (and I suspect neither have you), I'm not addressing that.

It doesn't matter what the employee agreed to. This type of wage deduction is illegal per Ohio code 4101:9-4-07.

http://codes.ohio.gov/oac/4101:9-4-07

 

[RedemptionMan]

It doesn't matter what the employee agreed to. This type of wage deduction is illegal per Ohio code 4101:9-4-07.

http://codes.ohio.gov/oac/4101:9-4-07

Ok, I see nothing in that law you posted saying a deduction for a background check is illegal? Could have missed something but it did not cover background checks and I am sure that there is some verbage in his agreement giving them permission for periodic background checks. They have done them on me periodically with the companies I have worked for but they never charged me to do them. Usually the company picks that tab up but I see nothing stating that it is illegal or not permissible to deduct those fees from this employees wages unless I misread something but nothing specifically spelled out criminal background checks.

 

[RedemptionMan]

From what I get upon researching the cited material submitted by swalsh, such deduction is illegal because it doesn't meet any of the requirements that would make it legal under the guidelines. I'm going with swalsh on this one.

but an assumption is not the law and you assuming something is illegal because other deductions are illegal does not make this deduction illegal. He signed a contract and in that contract I would imagine it would have language spelling out what they are doing and that contract acknowledges his agreement to those terms. No one on here can give advice without seeing the original agreements and what was signed.

 

[mrking5612]

contract

but an assumption is not the law and you assuming something is illegal because other deductions are illegal does not make this deduction illegal. He signed a contract and in that contract I would imagine it would have language spelling out what they are doing and that contract acknowledges his agreement to those terms. No one on here can give advice without seeing the original agreements and what was signed.

i did sign a consent form, not a contract but it's a year and a half old. if the background check expired then shouldn't IT?...and if not aren't they supposed to give me some kind of notice saying they are doing it and taking that money out of my check?

 

[RedemptionMan]

i did sign a consent form, not a contract but it's a year and a half old. if the background check expired then shouldn't IT?...and if not aren't they supposed to give me some kind of notice saying they are doing it and taking that money out of my check?

I do not know what you think we live in these days, companies do illegal crap all the time and have you sign agreements in which you really do not even know what you are agreeing to. In this new change era, I have seen a lot of illegal stuff go down and with a bad economy most people do not have the time or money to fight a legal battle against an employer. I have had it happen to me, I am sure several people have had unethical things done to them by employers but what can you do about it?

If it bothers you seek the advice of a real employment law attorney with a free consultation. Then you will know what your options are but for that little amount of money, even if you file a claim on it is it really worth the time in you fighting it?

and if you lose then you have to pay their court costs as well.

 

[swalsh411]

but an assumption is not the law and you assuming something is illegal because other deductions are illegal does not make this deduction illegal. He signed a contract and in that contract I would imagine it would have language spelling out what they are doing and that contract acknowledges his agreement to those terms. No one on here can give advice without seeing the original agreements and what was signed.

Apparently you don't understand how these laws are written or how to interpret them.

The following deductions are permitted
(A)
(B)
(C)

If the deduction in question is not A B or C then it's not permitted.

An agreement signed by the employee authorizing an illegal payroll deduction doesn't suddently make it a legal deduction. (just like you can't legally agreed to not be paid overtime if you are owed it)