Using credit reports to hire or not?

[sherri000033]

What is the name of your state? North Carolina

I got an interview set up by a temporary service that I was working through with a credit union. I went to the interview. A couple of days later, the temp service called and said that the credit union wanted to hire me. I accepted the job. I was to work for a 90 day probationary period through the temp service and then the credit union was going to hire me in. I started work on April 4th, 2005. On Monday, April 11th, I was told by the credit union that they checked my credit report and that I had the 90 day probationary period to clear up the 3 things showing on my credit report (totalling less than $2500 and I believe that 2 things are the same, one the original creditor and the other the collection company). Then, the credit union just came and told me yesterday, April 15th, at 2:30 pm that they checked with the bonding company and that they said they would bond me but wouldn't cover me if there was ever a problem or loss. So the credit union told me that I could finish out the day and they would no longer need my services. They liked me, thought I was doing an excellent job, but because of this small problem that I was originally told that I would have 90 days to resolve, now they don't want me. They (the credit union) showed me a copy of my credit report but they told me that I would have to order one on my own. They didn't tell me where they got mine (which company, Equifax, Experian, or TransUnion). They didn't give me the adverse action paperwork that I have been reading about. Is there anything that I can do about this? Or because it was through a temp service there isn't anything that I can do? Or because it was a credit union they were justified in not hiring me because of my credit report? Shouldn't they have checked that first before they let me start working? And they didn't follow the procedures that I have read about giving me the Fair Credit Report Act paperwork and adverse action paperwork and so on?? Please let me know any legal advice regarding this matter. Thank you.

 

[BelizeBreeze]

Please let me know any legal advice regarding this matter.

Find another job.

 

[sherri000033]

Thanks for the great advice. Gee, I wouldn't have been able to think of that one on my own. I obviously know that I will have to find another job. I really liked this job though and I am really upset over this. I wanted to know if I have any kind of legal case because they hired me, let me work for 2 weeks, then let me go. They should have checked my credit first. Also, when they told me, they told me that I had 90 days to clear it up. Then 4 days later they let me go. Also, they did not give me a copy of my credit report nor did they give me copies of the Fair Credit Report Act or adverse action paperwork as I read they were supposed to. I just want to protect my rights. I put my daughter in daycare. I had to pay for a physical for her to start daycare, a registration fee plus the first week cost of daycare. I would not have done this if I would have known that I was going to be allowed to work 10 days and then be let go because of my credit report which is so miniscule in comparison to alot of people. I was then told that I had the 90 day probationary period to clear it up which I might have been able to do but then 4 days later, I was not given the chance to do that. Do you not think that something here is wrong? Do you not think that they went about this all wrong? They should have checked my credit before they hired me. That is not my fault. Yes, it is my fault that I had something on my credit report but I was already hired and had worked 6 days before I was told that they just checked my credit and there was a problem. I looked up the Fair Credit Reporting Act (see below for excerpts). But thank you so so much for your professional advice to "find another job".

Non-compliance Rules
There are legal consequences for employers who fail to get an applicant’s permission before requesting a consumer report or who fail to provide pre-adverse action disclosures and adverse action notices to unsuccessful job applicants. The FCRA allows individuals to sue employers for damages in federal court. A person who successfully sues is entitled to recover court costs and reasonable legal fees. The law also allows individuals to seek punitive damages for deliberate violations. In addition, the Federal Trade Commission, other federal agencies, and the states may sue employers for noncompliance and obtain civil penalties.

The National Small Business Ombudsman and 10 Regional Fairness Boards collect comments from small businesses about federal compliance and enforcement activities. Each year, the Ombudsman evaluates the conduct of these activities and rates each agency’s responsiveness to small businesses. Small businesses can comment to the Ombudsman without fear of reprisal. To comment, call toll-free 1-888-REGFAIR (1-888-734-3247) or go to www.sba.gov/ombudsman

Another excerpt:
Although it's legal, the Federal Fair Credit Reporting Act (FCRA) and certain state laws at least regulate how employers retrieve and use the information in your credit report. For example,

Employers must first inform you that they will be investigating your credit report and get your permission in writing. Technically, you may refuse to allow it. But in reality, you might not get the job.
Before employers take adverse action (e.g., eliminate you as a job candidate or fire you) based on your credit report, they must give you a "pre-adverse action disclosure" that consists of a copy of your credit report and a written Summary of Your Rights Under the Fair Credit Reporting Act.
Once employers have taken adverse action, they must provide you with an "adverse action notice" that explains why.
They must also give you the name, address, and phone number of the agency that provided your report, so you may dispute inaccurate information.
Employers must keep the results of your credit report confidential and can't store any information about it in your employment file.
The Federal Bankruptcy Act applies, too. An employer can't discriminate against you solely because your credit report revealed that you sought protection under the Bankruptcy Act. In other words, an employer can't deny you employment, promotion or reassignment because of bankruptcy or the bad debts you had before you filed for bankruptcy.

State and Federal discrimination laws might also apply. An employer cannot use credit reports to discriminate in any aspect of employment, in violation of specific discrimination laws. For example, an employer with a history of using credit reports to discriminate against low-income minorities might face serious litigation if it comes to light.

If you think that an employer has violated the FCRA, you can file a complaint with the Federal Trade Commission online or by calling 1-877-FTC-HELP. If you can prove damages caused by an inaccurate credit report, you might have grounds for a lawsuit against the agency in error, and possibly the employer who used the report against you. Check with an attorney about that.