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broadcw

Junior Member
What is the name of your state?Texas

Is there a law that requires an individual to submit to criminal background checks,credit report inquiry,etc when applying for employment; and if so what law states that and where can I find it? If there is no law stating such, what would be my recourse if passed over for a position I'm qualified for.
 


Zephyr

Senior Member
I don't think there is an actual law, but employers certainly have a wealth of options at their disposal for finding the right candidates for their positions- if a potential employee is not comfortable with the process set up by the company they are certainly free to not participate
 

cbg

I'm a Northern Girl
It's not that there is a law requiring it, it's that there is no law forbidding it.

State law in some (but not all) states limits what an employer can ask with regards to arrests and convictions, and Federal law requires that in some, but not all, circumstances, IF an employee is passed over because of what is in their background check, the employer is required to notify them of this and what it was in their check that caused the employer to pass them over. However, there is nowhere near enough information in your post to say if the employer in question did anything illegal or not.

What is it that you think an employer found in your background check that caused them not to hire you, and why do you think that is why you were not hired?
 
Like has been said. If the employer uses a consumer reporting agency to provide an investigative consumer report on you then you have to be notified pre and post of the check occuring. I do not know why soooooo many companies have gone to this type of check. Any negative information that shows up in the report is grounds for a No Hire status. I have friends that have lost their jobs due to reckless driving (non driving position) and bankruptcies. I think in todays society it is not just one problem and evrybody thinks that you will repeat offend or nobody wants to hire a problem.....
 

HomeGuru

Senior Member
broadcw said:
What is the name of your state?Texas

Is there a law that requires an individual to submit to criminal background checks,credit report inquiry,etc when applying for employment; and if so what law states that and where can I find it? If there is no law stating such, what would be my recourse if passed over for a position I'm qualified for.

**A: you would have no recourse since it may be the employer's policy.
If you just say no, employer can just say GO!
 

Gadfly

Senior Member
Employers do it because applicants lie all the time. I've found applicants who are escaped criminals, have arrest warrants out for them, etc. They seem fine in the interview but then the check comes in an wow, I don't want to endanger my staff by hiring a looney toon.
 

broadcw

Junior Member
non-suspended driver license

2 times arrested for alleged driver license suspended, auto being impounded, verbally abused by arresting officer on both occasions. The county jailed i was transfered to verified license were not suspended. On both occassions my license were returned to me by arresting officer and on the first incident I was just released without have to be transfered to county, whereas charge is a county charge. Possible reourse?
 

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