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Dealing with Employers Who Perform Credit Checks?

Rick asks: "I recently accepted a Director level position at a small, 40 person, technology company. On my first day, I was provided with all of the standard employment paperwork such as the W2, NDA, healthcare, etc., as well as a document that is to provide my permission for the Company to do a comprehensive background check on me, including a credit history check. I am now in a stalemate position with my employer in regards to this background check document. I have refused to sign on the grounds that my personal credit information is of no business to the company and that they have no basis of need. The company argument (COO level so far, CEO is next) is that the company instituted this policy over a year ago for all existing employees and new hires, and to maintain consistency, every employee must comply. The company also maintains that the information allows them to identify potential problems with candidates or employees, in that people who cannot manage their own finances may not be good employees, or that those with troublesome credit may be more likely to steal from the company. The COO used less direct terms, but ultimately that was the argument. Have Slashdot readers successfully negotiated out of a mandatory employee credit check in the past? What arguments did you use?"

27 of 1,149 comments (clear)

  1. You've got to be kidding me.... by jgerman · · Score: 4, Insightful

    .... seriously this should be a privacy issue. People with bad credit NEED jobs to get out of the hole they've dug. Give me a break.

    --
    I'm the big fish in the big pond bitch.
    1. Re:You've got to be kidding me.... by jgerman · · Score: 4, Insightful

      so it's whichever company you decide to apply for a job at's responsibility to help you build your credit


      Err yeah, you see because if you have a paycheck, you can pay your bills. Denying someone a job because they have bad credit is ridiculous. How are they supposed to correct it if no one will give them work.

      --
      I'm the big fish in the big pond bitch.
    2. Re:You've got to be kidding me.... by rppp01 · · Score: 5, Insightful

      Not only this, but what of those of us, who were laid off of high paying positions, and then took low paying jobs to survive?

      I divorced a money spending person, and was given all the bills in the divorce (bad, long story I can only repeat over 10 beers or so). I was in debt bad, and handled it well until I lost my job (laid off). I did anything for work for 8 months until I landed another IT job. It paid less than 1/2 of my former pay, but is stable. My credit- horrible.

      How does that reflect my character? I guess I was the asshole for divorcing, huh? (Men are seen as The Reason a marriage ended).

      I agree, this should not be allowed to happen. It doesn't show your character, it shows your credit rating/history.

      I think of Health Insurance. I worked for one (during my do anything for a buck days) and saw people given higher rates for having ingrown toe nails, among other things. I realized that no one could have perfect health and/or perfect credit. Why do we penalize people for being...people? Everyone gets sick, everyone has dormant diseases in them, everyone is gonna mess up on their money making decisions. Now we decide based on being human that we cannot work at certain jobs anymore?

      I almost wish for the pre-computer days now. More trust then. And yes, I understand WHY, but damn it- people could miss out on a great employee because of these stupid 'checks'.

      --
      They stuck me in an institution, said it was the only solution, to...protect me from the enemy, myself
    3. Re:You've got to be kidding me.... by jgerman · · Score: 5, Insightful

      Why should a single person who has never missed a payment, never been late, never screwed anyone over by not paying back borrowed money and has a 12-month nest egg that he has painstakingly assembled be treated the same as the majority of people who live pay check to pay check, overspend their income, and do not act with restraint and discipline?

      Credit ratings are in fact accurate. If you have bad credit it is because you are not creditworthy or trustworthy in financial matters.


      When you are applying for a loan, fine. When you are applying for a job, no you shouldn't be treated any different. More importantly, a bad credit rating does not imply that you are untrustworthy in financial matters, for starters, you don't know what the circumstances were, and secondly that's how you handled your money, not others.

      --
      I'm the big fish in the big pond bitch.
    4. Re:You've got to be kidding me.... by 4of12 · · Score: 5, Insightful

      Credit ratings are in fact accurate. If you have bad credit it is because you are not creditworthy or trustworthy in financial matters.

      Credit reports are not perfectly accurate; stories abound of how bad credit reports cause people no end of hassles.

      Credit reports should be treated as "a data point" on the road to assessing credit worthiness. They should be taken as only a very rough guide to indicating who will make a good employee. [I have a relative that is a phenomenally great wafer processor, but his personal finances are always about 0.13 microns away from the abyss. Poor finances; excellent employee - go figure.]

      Indeed, the most creditworthy people, such as you yourself are well on your way to becoming, and such as very wealthy people without the need to avail themselves of credit frequently - have short, sketchy or nonexistent credit ratings!

      You could become a victim of your own admirable fiscal responsibility in the future as your credit report shrinks to almost nothing. That could be a disaster should you ever need to borrow; but your nest egg should take care of 99% of the emergencies.

      Be warned, though, that if you ever do have a change of heart about risk-pool averaging say, due to the onset of sudden kidney or liver disease requiring a $250K operation, that you won't find much sympathy among those who have heard your above-mentioned philosophy. They'll comfort you by just repeating your arguments back to your face:)

      --
      "Provided by the management for your protection."
    5. Re:You've got to be kidding me.... by Dysan2k · · Score: 5, Insightful

      As an employer, I am definitely going to be assuming that this person is going to be even less careful with money that isn't is then he is with money that is. I would likely let him give an explanation, but I'm only going to take so much of a risk.

      Really? And which company do you run where employee's are free to spend company money as THEY see fit? Now if it were a position of accountancy, then sure. Or CEO, CIO, COO, CTO, CFO, etc. You'd be in direct management of the company's funds, but if you are the other 96% of the company, anything that has to be purchased goes THROUGH purchasing/management, and in this case, it that's ~4% where the actual decisions are going to be made to where the money will be spent.

      Personally, I put in requests for funds, but if my budget isn't going to allow it, then the money isn't going to get spent. I'm decent with personal funds, but frankly whereas you may have done well with your personal finances, others may not have been as fortunate. There are conditions WAY beyond a person's control that will force them into a financial position where they wouldn't be able to help but become endebted to someone. Examples? Get laid off, have stroke. Severance/unemployment may have been enough to cover things like mortgage, car note, and electric, but very likely would not cover the over-excessive costs of COBRA to cover medical. Now you're insurance-less and looking at a $50-100k bill. Lucky you, you're credit is slowly getting ripped apart now.

      Another example? How about you're a one vehicle family and that vehicle gives up the ghost and has to be replaced? Well, if you're income is tight to begin with (and you'd be amazed how far 23k won't go), are you to suffer because your field of work doesn't provide a 60k/yr salary?

      Overall, I get really irritated with credit reports in general. It usually shows that someone had financial hard-knocks at some point.

      If you've got perfect credit (and there's a LOT that is required to have such, not solely on-time bill payments), then kudos for you. But if you're going to get elitest about it (one of the parent comments to the one I'm replying), then piss-the-hell off. You don't know what it's like to be forced paycheck to paycheck, and as karma goes, you'll get your lesson in it a lot sooner than later, most likely.

      --
      -What have you contributed lately?
    6. Re:You've got to be kidding me.... by PhipleTroenix · · Score: 4, Insightful


      I recently accepted a Director level position at a small, 40 person, technology company. On my first day, I was provided with all of the standard employment paperwork...

      They already had hired him. IANAL, but this sounds kind of like breach of contract to me. The offer should have spelled out ALL of the terms and conditions.

      Oh, buy the way we didn't bother to tell you (fill in the blank)


      One of the parties is not being straight with the other.

      --
      When VPNs are outlawed, only outlaws have VPNs.
    7. Re:You've got to be kidding me.... by MCZapf · · Score: 5, Insightful
      In the case of Rick (the guy who asked Slashdot), he was already hired when they tried to get him to give permission for the credit check. So, it's not really a condition for employment. It seems like they just want to know all about their employees.

      IMHO, they want to know too much. It's none of the company's business. It all seems really shady to me. The only justification this company has is that everyone else went along with it. So what? Consistency? Yeah, right.

      The company isn't giving Rick a loan. Rather, he's agreed to work for a paycheck. His credit history is irrelevant. The only thing that is relevant is his performance on the job.

    8. Re:You've got to be kidding me.... by RubberDuckie · · Score: 4, Insightful

      Except that discrimination based on color/sex/religion *is* illegal (at least in the US). I don't think that it is illegal to discriminate based on someones credit rating. Now if it's 'just not right' to turn someone down for a job because of their credit rating is another issue.

  2. Credit check... by Cedric+C.+Girouard · · Score: 3, Insightful

    What next ? DNA tests ?

    If they're issuing you a joint credit card, it might have grounds to stand on, but the best piece of advice you can get here will most likely be: Consult a lawyer in your own jurisdiction.

    --

    Marriage is considered capital punishment for the theft of a goat in some third world countries...

    1. Re:Credit check... by NineNine · · Score: 3, Insightful

      Law has nothing to do with it. This is a private employment contract between two entities. The gov't has nothing to do with it, and it's not race, gender, etc. based discrimination. An employer can also say, "You'll get the job if you jump around and squawk like a chicken". It may be a bad idea, but it's nothing that a lawyer has anything to do with.

    2. Re:Credit check... by sweetooth · · Score: 4, Insightful

      Actually the law is involved as there are fairly strict guidlines as to how a credit check can be used. Some states also have specific guidelines covering credit checks.

      First I would consult with a lawyer. Then if I couldn't get them to drop that portion of the job requirement I would tell them to take the job and shove it. These types of requirments are just as good of an indicator into the character of the company as a criminal background investigation is into the character of a prospective employee. If the requirment makes you uncomfortable, don't expect to enjoy working there.

  3. Negotiating Visibility and Terms by f1shlips · · Score: 5, Insightful

    I couldn't get out of it, but I negotiated who would see my credit report, why they would see it, for how long, and how it was to be destroyed after veiwing. I got everything in writing and made them sign it.

    1. Re:Negotiating Visibility and Terms by Erasmus+Darwin · · Score: 4, Insightful
      Besides these points, it might also be wise to include a clause allowing you to also view the credit report that they receive. There was a story on NPR recently about a guy who lost out on a job that sounded like a sure thing and included a credit report. For some reason, the company just never called him back.

      It was only a few years later that he discovered that a small, resolved issue of child support was misreported on his credit history, and it made him look like a deadbeat dad who owed $40k.

  4. Simple by The+Bungi · · Score: 3, Insightful
    I don't understand how this is different from a drug screening test. Most employers require it. How's that different from a background check?

    They also read your email and monitor your surfing habits... them's the dregs. But it's their company, their rules, they're hiring you. If you don't like it, vote with your feet and walk away. Right?

    Personally I'd be more worried if they told me they were going to do a check to make sure I didn't have Smurfs (replace with your race of choice) in my family lineage going back 100 years. Now that would be problematic.

    1. Re:Simple by JimBobJoe · · Score: 4, Insightful

      I don't understand how this is different from a drug screening test. Most employers require it.

      As already echoed by other posts to this comment, most employers do not require drug screening.

      One thing that is really interesting is that, according to what I have heard, pre-employment drug testing in Canada is unheard of. Even companies in the US which do it at all their branches don't do it in Canada.

      Apparently one thing we can learn from the Canucks is that they have a higher regard for privacy issues (as evidenced by the Privacy Commissioner's recent and very eloquent report to Parliament) and Canadians as a whole are much more willing to show their middle fingers high to any employer whose policies they don't like.

      Having said that, as time has gone on, I've become convinced that the employers who do drug testing are doing it because they have bought the line, hook and sinker, of drug testing companies, who claim all sorts of horrible things that happen if you don't do drug testing, and that you must invest in these fairly expensive and tremendously profitable tests. I believe that drug testing policies always come from the department of Human Resources, which is usually collectively as dumb as a branch of the DMV, and not much more sympathetic either.

      Someday someone with some balls is gonna invest some money in a real study on drug testing, and show how truly worthless they are, but for right now the drug testing companies are running the show.

  5. the reverse is unthinkable by pohl · · Score: 4, Insightful

    It strikes me that a company that cannot manage its finances responsibly would not make a good employer either...but would you be allowed to peek at their ledger when seeking a job? Even if it were a policy that you had set for yourself and you must apply it to all potential employers for the sake of consistent application?

    --

    The "cue the foo posts in 3, 2, 1..." posts will commence with no subsequent foo posts in 3, 2, 1...

  6. No Worries by glenstar · · Score: 3, Insightful
    Chances are, and I am speaking from experience, that the company will not run the credit check, but that your saying it is okay will show that you have nothing to hide.

    That aside, I worked as a contractor many years ago for a very large software company (whose name ends in "soft") on a project dealing with a large financial institution. The process of checks was nearly as involved as those to get top security clearance. I understand the reason behind that, of course: by working on the project I became privy to information about how the large financial institution did business.

    I am going to assume that the poster has bad credit. That in itself is not a reason to *not* get the job, especially if you are honest with your employer and state something like "I have had some bad luck in recent years, but, hey, who hasn't with the economy the way it is?"

    All of that being said, I would sign the release. Companies need to cover their asses, and this is just one more way of them doing so.

  7. Just Say No. by mad.frog · · Score: 3, Insightful

    Unless this is a job that you Really Want (or Really Need, for that matter), tell 'em to stick it. Times are tough for job-finding, but at the end of the day, it's just a job, and not worth sacrificing your principles over.

    Whether or not such a credit check is deemed "necessary" for a Director-level job is not really relevant, in my opinion: if it's personal information that you don't want to give, don't give it, and if they don't like it, tough.

    I wouldn't work for a company that wanted to a credit check, drug test, etc. on me, simply on principle.

  8. Re:not to crazy by Corvaith · · Score: 4, Insightful

    Things *can* happen besides just lack of good sense. I.e., you make a purchase on your credit card... and then lose your job. Or a member of your family could suddenly fall ill and leave you without enough money to pay your bills *and* their medical expenses. Or your spouse could run your cards up just prior to a divorce. And so on, and so forth.

  9. Re:Don't take the job by nochops · · Score: 4, Insightful

    On another note, don't take the job. This time though, don't take it because you'll be forever marked by your superiors as "that troublesome guy who wouldn't go along with our policy".

    Negotiating salary is one thing, and is expected in higher level positions, but arguing over their policy is another matter entirely, and likely won't go over well with the higher-ups at the company.

    At the very least, if they cave-in, you'll have forever tarnished the all-important first impression.

    That being said, I see absolutely no reason for an employer to stick their nose into my personal finances. They're trying to make a relation between your finances and your performance where there is no basis for one.

    If your personal finances were indicative of your job performance or ability, you might as well go ahead and list them on your resume.

    --
    "A terrorist is someone who has a bomb but doesn't have an air force." -William Blum
  10. Can you say "Enron?" I thought so. by mellon · · Score: 3, Insightful

    I hate to say it, man, but the higher up you are in the food chain, the more important it is for them that they check you out. If I were them, I would already have told you to take a hike.

    I know of too many cases of executive malfeasance to agree with your assertion that your financial history is none of their business. Particularly given that people are generally afraid these days to say anything honest in a reference because they might get sued.

  11. Re:w00t by Strange+Ranger · · Score: 5, Insightful

    > Is this the kind of company you want to work for?

    Yes, and more importantly, the more people who refuse to submit to this the less companies will do it. It is hard and expensive to go through stacks of resumes, find a good candidate, interview, make an offer, get it accepted, etc.

    I walked out on 2 different offers for this very reason. Just the looks on their faces made it worth it. They were back to square one. And my credit was average, OK. If we all would've used our integrity a little more when it would've really counted, and said NO we wouldn't have to pull down our pants and pee in a jar to get a job today. Now its probably too late.

    Do yourself and everyone else a big favor, refuse to do it. Period. And make sure the company knows why.

    --

    Operator, give me the number for 911!
  12. Re:my opinion.... by Malc · · Score: 3, Insightful

    How far would you let them go with their checks? What happens if they'd wanted to do a DNA test and genetic screening? The test is easy, but is it a small price to pay?

    What happens if you've had some bad luck in your life (e.g. your last business went bust in the recession, or you had some ridiculously expensive medical bills) and you're working your way out of bad credit? Does that mean you're going to be a bad employee?

    This kind of information should remain irrelevant to an employer. It's none of their business, and they run the risk of convicting you of "pre-crime" (to use a Minority Report expression). If they get away with this, it will encourage them to get away with more in the future. Just because you're okay with it now doesn't mean that you won't be in the future, but for now you've supported the scheme. Just because somebody wants to hide something (or as I prefer, keep it private), doesn't mean that that something is bad. If you're lucky, the worst that will come of it will be somebody creating an invalid character profile that you will have to work hard to rememdy.

    What is worse for this guy is that it is his first day on the job. That means he's already quit his previous job. His new employer has him in a bind because refusal could lead to unemployment, which is rather undesirable at any time, let alone in today's market. His new employer has been deceitful in someways as they should have been up front about the background checks and carried them out before offering him the job.

  13. you must live with your mom. by Erris · · Score: 4, Insightful
    You say, as an insult,
    I never understood bad credit. Why would someone think he can spend more money he has and get away with it? If you can't afford something, don't buy it. Geeze.

    Let me help you understand. When you move out of your mom's house you have to live somewhere and you have to be able to get from where you live to work. These are all long term obligations that might last longer than your current job. Rent that looked trivial with a normal pay check is hard to meet on unemployment. Housenotes plus utilities are worse. If you don't have decent public transportation where you live, you also bought a car. You will go "upside down" on the car as what you can sell it for won't cover the costs of the loan you made to buy it unless you got a really good deal on a used car. Obviously you don't have a wife or children.

    Now for something that sucks. A company can look at your credit record and tell the difference between someone who's been honestly screwed as above and someone who blew loads of money on trivial bullshit like a home entertainment system, a sports car, and all the other joys of life worker bees like you and me are not supposed to enjoy. Most companies like for their employees to be good little self sacrificing suckers. Sailing, fishing, sking, that's for the boss. Sadly, companies are in a position to make these kinds of demands.

    I'd comply, because I've been a good little self sacrificing fool and I've had family money to fall back on everytime I've been screwed. At age 36, with a 14 month old baby girl and wife to support, my decisions impact more than myself now and I can no longer stand entirely by my principles.

    Still, I understand this man's pricipled stand and hope the best. He's right, it's none of the company's business and they can only use it pick out people they think they can abuse. We're not talking about possitions spying for the government where dishonesty is a given, we are talking about normal jobs at normal companies.

    --
    DMCA, Hollings, Palladium. What might have sounded like paranoia is now common sense.
  14. Changing the terms AFTER you show up? NO WAY! by tmoertel · · Score: 5, Insightful
    First, I am not a lawyer. If you want advice you can trust, talk to one. Now, regarding this:
    On my first day, I was provided with all of the standard employment paperwork ... as well as a document that is to provide my permission for the Company to do a ... credit history check.
    Let me get this straight: They sprung this condition of employment on you after you accepted the job, left your previous job, and arrived for the first day of work? That's outrageous!

    If I were in your shoes, I would say no, politely and firmly:

    I am sorry, but I will not agree to these new terms. We have already negotiated the terms of my employment, and these additional items were not part of our agreement. For you to attempt to change the terms now, after we had agreed upon them, and after I have left a good job with my previous employer, runs counter to established business practice and is simply unethical. As a matter of principle, I must reject these new terms.

    As a courtesy to you and a sign of my good faith, I will consider the whole thing to be a simple mistake and press it no further. I trust this will be the end of the matter.

    If they didn't let the issue drop, I would talk to a qualified attorney. Pursuing the matter would probably irreparably damage your relationship with your new employer. But, then again, if they really pulled something this weaselly, maybe they aren't the good employers you thought they were when you signed on.

  15. Creditors: The Pillars of Accuracy and Timeliness by Mulletproof · · Score: 3, Insightful

    The arguments have been made, and rightfully so, that your credit does not nessisarily reflect you as a person or how you will perform in their job environent. Bad times happen and people are forced to make choices to survive those times, credit be damned.

    However, there's another point I haven't seen addressed. Credit companies are sloppy. I know of more than a few cases where it took somebody moving Heaven and Earth to get some error on the companies part rectified.

    Creditor: "You owe $500!! Says so here!"
    You: "Um, no. That was paid. Infact, I have the reciept here."
    Creditor: "Oh! Just fax us a copy and we'll take care of it!"
    You: "ok..."
    ~a month later~
    Creditor: "You owe $500!!"

    These people aren't exactly the pillars of timeliness and accuracy and certainly not a benchmark to be used in employment. Get a criminal record. Urinanalysis. Something. But not credit...

    --
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