Question Regarding Employment Background Check

[JOliver]

What is the name of your state? Michigan

Hello all,

I have previously written about a company that I had to file a wage complaint form for failure to pay me for two weeks of service.

The issue was resolved, with the company in question paying me in full the amount I was owed. Mind you, this was after several e-mail exchanges and the state of Michigan getting involved to issue payment from said company.

HOWEVER

I have recently undergone a background check with a new employer. Naturally, I had to list the previous employer on my resume/background information.

I did state that I was fired from the previous company and not eligible for rehire.
Said company responded back to the background check and said that I was fired, and not eligible for rehire.

HOWEVER, said company did not present any specific reason why I was not eligible for rehire. The same individual that I spoke with regarding my pay, is the same individual whom submitted the information to the background company.

Since they did not provide sufficient information the background check came back with an "inconsistency." I have since called in to dispute the findings due to the wage complaint I filed with the state.

I feel that said company will not give me a proper background check for the new employment.

Is there any legal action that can be taken against said company if they fail to respond as to why I was fired, and I am ultimately disqualified for employment from the new job?

Thanks,

Josh

 

[cbg]

Sorry, but no. While the law does not prohibit an employer from providing information about previous employees when prospective employers call (which is what we get asked most often) it does not require it either. In fact, the reason so many people believe that the law prohibits an employer from providing any information other than dates of hire and job title (just do a search and you'll see how often that comes up) is that so many employers have a that policy that it's come to be viewed as law (though it is not).

The employer is free to provide as much or as little information as they choose. They are not required to provide information about former employees at all.

While only the UI office can provide any definite information, I don't see why your UI benefits will be affected since you never officially went to work for the new employer at all.

 

[JOliver]

I have been unemployed for several months after this company hired me, then sub sequentially fired me due to them no longer expanding as previously planned.

I was denied unemployment on the basis that I did not work at the employer long enough.

They are the only reason this is being held up, because they will not provide information on why I am not rehire able.

 

[Beth3]

They are the only reason this is being held up, because they will not provide information on why I am not rehire able. As cbg said, employers are not required to provide that information - or even to verify that you were employed with them at all.

This can't be the first time your prospective employer has encountered this. A fair number of employers have a policy of only releasing dates of employment, position, and nothing else. The ball is in the prospective employer's court. They can either take a pass on you because they can't get this information or decide to take a chance and hire you without it.

 

[cbg]

No one but the state can give you binding information on unemployment eligibility. If the state says you are not eligible, nothing I can say is going to change that.

 

[JOliver]

The company in question has stated that I was terminated for "You were terminated for poor employee conduct and workplace etiquette."

However upon my termination when I asked for specific examples I was given none, only told that for "privacy reasons, I could not be cited examples."

For the record, I did file an unemployment claim against this company, the state said I was indeed eligible, however my previous employer fought the unemployment, thus I was denied on the basis of the previous employer.

So, unemployment deemed that I was due unemployment from this company, however as mentioned, my previous company fought it on the basis that I had quit and they were no longer responsible for me.

 

[cbg]

The company in question is, as I have said, entitled to say as much or as little as they choose. No law requires them to give either you, or a prospective employer, any details.

You were tentatively approved for unemployment benefits; the employer contested (which is their right, just as you have the right to appeal); the employer won. This happens.

If the deadline to do so has not already gone by, you are free to appeal the unemployment decision. Based on your post, that is the ONLY legal recourse open to you.

 

[JOliver]

This is the issue at hand. The employer in question is not willing to say I violated company policy, which is why I am not rehireable. The company in question is stating that I was fired for other reasons not relating to company policy.

This is what I just received from the company in question:
Josh,

You were terminated for poor employee conduct and workplace etiquette. This is exactly what your termination notice states. I don't know what else the background company needs. If they feel the need to contact me, they can definitely do so.

When I was served with the termination, I asked for a specific example of poor conduct or workplace etiquette and was given neither due to "privacy reasons." So, I was terminated...yet not told exactly what I had done wrong.

However, unemployment approved me from this company. How would they approve me if it was not without good cause attributed to the employer?

 

[cbg]

Are you perhaps under the frighteningly frequent misconception that receiving UI benefits means that your employer did something illegal? Because if you are, I can assure you that it is not true.

You do not have a guaranteed right under the law to be told the reasons for your termination. I don't know how to tell you that so that you will understand it.

If you want to know why benefits were approved/denied, ask the unemployment office. How the hell do you expect me to know?

 

[JOliver]

The company in question called the background company and straightened everything out.

Everything is all set and OK to go.