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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?"

73 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 Pii · · Score: 4, Interesting
      Sure... A company is under no ogligation to hire you.

      All they need do is state that the credit check is a condition of employment.

      You're free to walk away.

      That said, it's a pretty shitty practice, and if I had the option, I'd choose not to work there. (Of course, in this economy, you takes what you can get, and you likes it.)

      --
      For those that would die defending it, Freedom
      has a sweet taste that the protected will never know.
    5. 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."
    6. Re:You've got to be kidding me.... by KaptajnKold · · Score: 5, Informative

      I can tell that you're an american. In truth this seems like a discussion that concerns mostly americans. While I agree with some of your points, most of what you say seem rather alien to me. I live in the EU where most countries either has been or are currently being governed by social democrats. We've got this idea called solidarity. This is the idea that even though we're different we should all try to pull together. As a consequence most european countries have free healthcare. The only people in Denmark (where I come from) I know of that would ever consider paying for health treatments are profesional sportspeople who need to be ready in the shortest possible amount of time and so will pay to go to a private clinic or hospital (of which there are very few).

      You seem to think that people who are "perfect" shouldn't be punished for others imperfections. We believe that if at all possible people shouldn't be punished for their imperfections either, since it is precious few who are indeed perfect.

      I will finish by mentioning that inquirering about an employees credit history is I believe illegal in Denmark. And I know for sure that to some extent it is even illegal to ask for an employees criminal record (although for many kinds of jobs it is standard and legal).

    7. 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?
    8. 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.
    9. 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.

    10. 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.

    11. Re:You've got to be kidding me.... by composer777 · · Score: 3, Informative

      So, you get in a car accident, spend a month or two i the hospital. In the mean time, the bills come in, but you were unconscious or too sick to be aware of what was going on. You come out of it to find your credit is a mess. It happens to people all the time. Then you spend the next 7 years paying for that "mistake". Or, you have a bill you didn't know about. Maybe you went to the doctor to get some tests done, only one of the tests wasn't billed properly and you never recieved the invoice. So, you pay the invoices you receive and think everything is ok. 6 months later you start getting calls from creditors. Only, after paying the bill in full you see that you have a nice mark on your credit report saying "turned over to collection". Yes, this second scenario happened to me. It's easy to judge, but there are alot of reasonable explanations for bad credit that a simple credit score will not show.

  2. w00t by the+grand+asdfer · · Score: 3, Informative

    get a job somewhere else. Is this the kind of company you want to work for?

    1. 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!
  3. 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. Re:Credit check... by Ooblek · · Score: 4, Interesting
      My employer did a background check on me, and I was nervous about the credit check. It had nothing to do with mis-handling of finances. If you ever go into business for yourself, you put your ass on the line. Sometimes an industry's opportunities all dry up, and you're left holding the bag. It like getting laid off, and taking the company's debts with you. It happened, and I dealt with it. I agree it was not something that an employer should have been asking about.

      It turns out they just did a criminal background check, which I can totally understand. I guess the difference here is that my employer told me about the check up-front before I made the move. It is fairly underhanded of them to get you in the door, then pull this on you. It also makes you look bad to the company because you don't want to offer this stuff up when everyone else has.

      I guess the trick here is to not let them do it and still keep your job without everyone having meetings about you behind closed doors. Yes, consulting a lawyer is a good thing, just don't let them know you have one. I'm sure they would look at that as treacherous. You could appeal to them and let them know your "policy" is to keep your home affairs private and work affairs at work. Also pointing out that they didn't tell you of this requirement before offering you a job puts you in a really bad position. This would especially be true if you left another employer for the job, thinking you had passed all the requirements for the position.

      Personally, if I had a way out, I'd walk. The thought process that an employee with bad credit is a suspect employee is somewhat anal. Execs at many companies probably have really bad credit....the only thing is that they do everything as a corporation so their personal credit isn't touched. Even filthy rich execs (like the ones at Enron) finance houses. Considering all the shady stuff these guys are into, how do you think they get past the strict credit requirements for mortgages? (For those of you that point out that they probably pay cash for the houses....no, they don't in most cases. It makes more sense to finance it because they can make more money with the cash in hand than they can having it tied up into a house. Paying cash for a house is something that benefits a retiree more than a rich exec.)

  4. 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.

    2. Re:Negotiating Visibility and Terms by Frank+T.+Lofaro+Jr. · · Score: 3, Informative

      Federal law mandates that people who are behind on child support be denied licenses or any privileges from government whatsoever. It even mandates states enforce these provisions (or lose funding for something I believe, just like 55 mph speed limits and higway funds back in the day).

      (Nevada has on many of their forms and in their laws mention of this, including a provision that all such restrictions be abolished if the Federal law mandating them is repealed.)

      Also, child support violations are often felonies (thank Clinton) which also cause loss of civil rights, licensability, etc.

      These factors can make it illegal for a person to work in a certain position and/or illegal for a company to hire/refuse to fire such an individual.

      So it might not be a matter of corporate fascism as much as Federal mandate.

      --
      Just because it CAN be done, doesn't mean it should!
  5. Google by SquadBoy · · Score: 5, Informative

    is there anything it *can't* do?

    http://toolkit.cch.com/text/P05_1585.asp

    --

    Cypherpunks: Civil Liberty Through Complex Mathematics. Those who live by the sword die by the arrow.
    1. Re:Google by Anonymous Coward · · Score: 5, Informative

      You could've posted the federal side, too:
      http://toolkit.cch.com/text/P05_1575.asp

      Plus the text:
      Federal Laws for Credit Checks

      The Fair Credit Reporting Act of 1971 regulates the use of consumer credit reports as a part of background checks on applicants. Hiring is a permissible purpose to do a credit check under the law, but you must keep the results confidential and must not put the results of the check in the person's personnel file.

      If the credit report shows that the person declared bankruptcy, then you also have to comply with provisions of the federal Bankruptcy Act. Under the Bankruptcy Act, you may not discriminate against an applicant solely because a credit check reveals that an applicant has sought protection under the Bankruptcy Act, been insolvent before seeking protection under the Act, and not paid a debt that is dischargeable under the Act. In other words, bankruptcy is not a valid reason to deny employment.

      Disclosures you must make. You must:

      * Clearly and accurately tell the applicant that an investigative consumer credit report may be made that could include information on the individual's character, reputation, personal characteristics, or mode of living.
      * Make the disclosure in writing, on a separate piece of paper (not as part of your job application). Your credit reporting agency can provide you with forms to be used for this purpose.
      * Mail or otherwise deliver the notice to the individual not later than three days after the date on which the report was requested.
      * Include with the disclosure a statement informing the applicant of his or her rights to request disclosure of the nature and scope of the investigation required.
      * Have the applicant sign the disclosure document and return it to you. Be sure to keep this in your files.
      * If requested by the individual, make a complete and accurate disclosure of the nature and scope of the information sought not later than five days after the date on which the individual made the request, or five days after the investigative report was requested, whichever is later.

      Business Tools

      A sample Fair Credit Disclosure Act notice appears in the Business Tools area.

      If you do deny employment because of something on the credit report (and remember, it must be something other than bankruptcy), you must:

      * inform the job applicant that employment was denied because of the credit report investigation, even if the credit report wasn't the only reason
      * furnish the individual with a copy of the credit report, along with a summary of the individual's credit rights.

      The Federal Trade Commission is very specific regarding the format of the consumer credit rights notice that must be provided to an employee or applicant if adverse action is contemplated. Fortunately, federal law requires credit reporting agencies to provide a copy of this notice with each credit report. You can use this notice to fulfill your own notification responsibilities.

  6. 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.

    2. Re:Simple by kendric · · Score: 3, Funny

      I worked for a company up here in Canada, and we had random drug testing. I didn't mind because I don't do drugs, but there was a local worker we all called Geo, and he is the biggest pot head I ever met. He would spend well over 3000 dollars a month on weed, but he was one of the best damn workers we ever had. Well, he was selected to do a random drug test, when we got the results back, the conversation went like this:

      Boss: Geo, we got your drug tests back.
      Geo: Oh..
      Boss: Yeah, you passed.
      Geo: No shit!

      He almost fell over in shock. When the boss left the room, we all laughed like idiots and congratulated him on the tests.

  7. Here.. by Maeryk · · Score: 5, Interesting

    It is required for any contractor on the campus.

    They whacked this on us last year as "new and different".

    They included, but were not limited to:

    Drug testing (one time, so far, not random)
    Drivers License History/driving record check. (they did that one)
    Credit Check (they claim that it is due to the chance of getting a corporate credit card)
    Criminal background check.
    "other checks as necessary".

    That one, "other" I specifically crossed out when I signed my "permission' to do those.

    My Company (the contracting firm) basically said "Do it, or leave".. so no, I had no real choice. The fact that I live in an "employment at will" state doesnt help either.. means i can be fired any time for any thing.

    (Course, my company also believes that I can be terminated for things on my personal computer at home if I connect to their VPN network and have as much as threatened to do so. Therefore I refuse to connect from my home PC, even if it is required by my job.. I tell em I will do it at 8:00 am the next morning when I get on-site.)

    Its an ugly thing.. but I strongly suspect that you wont be able to do much about it..

    I want to see mandatory drug testing for congress, with printed pass/fail results, personally.

    Maeryk

    --
    Feminine Protection? What is that? A chartreuse flame thrower?
    1. Re:Here.. by cgenman · · Score: 3, Funny
      I want to see mandatory drug testing for congress, with printed pass/fail results, personally.

      Oh! I want mandatory IQ tests for congress, with printed pass/fail results.

  8. 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...

    1. Re:the reverse is unthinkable by JohnFluxx · · Score: 5, Informative

      My dad was the head of a union of a very large company. He successfully beat back the management time after time, and rarely lost.

      One piece of advice he gave me was to never say no.

      If they ask for a drug test, do not just say no. If you do, then you are being uncoopperative, and they can leverage that against you.

      The trick is to say sure you will, in return for X, where X is something that sounds reasonable, but that they cannot meet. Alternatively make X something that protects higher interests.

      Whether you agree with unions etc, I cannot deny my dad was very good at it - so I take his advice seriously.

    2. Re:the reverse is unthinkable by schaefms · · Score: 3, Interesting

      I agree. Since any credit check degrades your credit rating you should ask for financial compensation for the credit check itself.

      I know about the point reduction because when I was a college graduate with no credit, I would get discounts from Sears and JCPenney's, etc., because they would give me 10%-20% discounts for "signing up for their cards" Since I had no credit (no student loan, no credit cards, no auto loans, etc.) I always got turned down and the 5-10min to hear that was worth the $20 or more I would save. That was, until I decided I really should get a credit card. When I started applying for real credit cards, they published the denial reason as "too many credit checks within the last XXX days."

      Thus, you should ask the employer to pony up some $$$ if they want to hurt your credit rating.

      On the privacy issue thing. I think privacy is overrated. Everyone screams "privacy" until something happens that they don't like, and then they're out digging dirt on whomever. For example: Presidential elections. You see the media tracking down the guy's third grade bully to go on air saying that he got hit in the eye once by the candidate. I protect mine within reason, but I think that where you spend your money ends up being a very public thing.

  9. Re:my opinion.... by tomhudson · · Score: 4, Interesting

    **unless you're hiding something**

    Let's apply this type of thinking to other areas. If they had said "We want to see your privates - after all, this can affect your medical claims, sick time off, etc..." you'd tell them to shove off, woudn't you?

    It seems to me that a check for a criminal record would be more relevant, and more justifiable.

    or, tell them, no problem, but you first want them to sign for permission for you to check their personal credit - after all, you want to know just who you're giving this information to, and you don't want it to be abused.

    When they object, threaten to sue them for discrimination.

  10. Re:Don't Be a Deadbeat by f1shlips · · Score: 4, Interesting

    Yup. ..but if you've fucked up 4-5 years ago what do you do? I settled all my debts and they're marked as paid.

    Another coworker was severly injured when he was 20 and had insurance, but the hospitial's accounting department ended up billing him. He handled it like a 20 year old and ignored it. Now he "owes" something like 20 grand, even though recent followups from the insurance company indicate that they paid. He's disputing it, but he looks like a dead beat right now.

    The credit reporting system has problems and I'd hate to have my job hanging on the outcome of a credit report.

  11. Yes - Negotiating this one is simple. by Marasmus · · Score: 4, Informative

    Yep - I've been in the same boat. A previous employer wanted to pull a credit report on me. Interestingly, I have very good credit, but I was planning on purchasing a new car soon and did not want to have unnecessary credit checks done, as some institutions like to use this as a perverse excuse to deny financing on a car.

    My statement was very straightforward: "I will not sign this on the grounds that you do not have the right nor privelege to require this information for the sake of employment. If you care to push this issue further, I will schedule a court date at the County courthouse and we will deal with it there."

    The employer backed off, and I worked there for nearly two years. You would have REALLY shit if you saw the sort of privacy-invading NDA employment contract they tried to require of the programmers who were hired after me... Thankfully the first programmer through the door fought that NDA until it was toned down to a sane level (at maybe 10% its original potency).

    --
    .... um, i lost you after "0110100001101001".
    1. Re:Yes - Negotiating this one is simple. by Marasmus · · Score: 3, Interesting

      Wow, you're clearly not replying to my original post, because you're waaaaay out in left field.

      1. Yes, I didn't like the fact that they did credit checks. Yes, I did apply for the job, and I *did* change their hiring process. Apparently I was "special enough"... :)

      2. Although I was not the original Ask Slashdot submitter, my position coincidentally involved managing another employee. Coincidence is good, but I like people who actually read posts much, much better. :)

      3. I can't direct my own finances? I guess you didn't see in the parent post that I had and continue to have very good (in fact, flawless) credit.

      4. How can I admit to having financial problems when I don't have any? Let's see, My only debt is my car (and I own other paid off vehicles)... it is worth about $5000 more than I owe, and I'm ahead on payments. Hrm... Unless 'the finance book' has been rewritten lately, that would be called equity, which is a very good thing, credit-wise. Go Acura! :)

      5. My claim was that my good finances were my issue, as it is private, confidential information, and my prospective employer was not a credit agency or licensed for any sort of financial business. Requiring non-employment-related, legally-confidential information is unlawful, even in most at-will employment states. Gotta love that little thing called "right to privacy"!

      6. When I apply for credit with an institution licensed to provide credit, it is understood and assumed that a credit check is required! Common sense! EUREKA! :)

      Next time, try reading the parent post before you reply. :) I'd hate to have to smack anyone else with a cluebat today!

      --
      .... um, i lost you after "0110100001101001".
  12. 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.

  13. NPR Story by tetrad · · Score: 4, Informative

    National Public Radio had a story about this a couple days ago.

  14. A Practical Solution by syntap · · Score: 4, Interesting

    One compromise may be to give them a notarized letter stating your FICO score. Check out MyFico.com or other sources to get this cheaply. This will satisfy their question of good vs bad credit WITHOUT giving them the details of your credit history. For those not familiar with FICO scoring, it's a single number representing your credit risk ranging from 200 to 850 or something like that. Seems to be a good way to satisfy their intentions (if they have communicated them truthfully) and your privacy.

    Barring that, I agree with another poster who suggests meeting in a room for a limited period of time with a printout of your credit report that you bring and take away from the meeting.

  15. Let 'em by Matt_Bennett · · Score: 4, Informative

    They have the right, but, by law (in the USA) if they make a negative decision because of the credit report, they have to inform you of that. This is often overlooked. There was a report on this on NPR recently (Jan 31st, All Things Considered).

    At the very least, you should check your credit report to make sure it is accurate.

  16. 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.

  17. BAD...Credit scores reflect frequent credit checks by siskbc · · Score: 5, Interesting
    The problem here, beyond the obvious privacy issues, is that people can be adversely affected by credit checks. I mean, where does this stop? Currently, the more credit checks you have, the worse your credit score becomes. So, if this becomes the norm, and companies start doing this even for potential hires (as they very well may), then there are going to be some people seeing their credit rating downgraded simply because they were looking for a job. It won't make an enormous difference, maybe, but even a small difference can make a difference over the life of, say, a mortgage.

    This wouldn't be so bad if getting a house didn't routinely follow getting a job...

    --

    -Looking for a job as a materials chemist or multivariat

  18. Re:my opinion.... by sedawkgrep · · Score: 4, Interesting

    People like you scare the hell out of me.

    You let other people dictate to you the terms upon which you're allowed to do things. Even work. I agree that a criminal background check is probably worthwhile and a legitimate business concern - but a credit check? No. The only people to whom that should matter are those who can LEND me money.

    I don't see this being any different than an employer asking to see what kind of food you have in your fridge, in order to determine if you're a healthy eater. If you're a conciously unhealthy dieter, it's probably reflective on your work habits, your personal life, etc.

    No thanks. Take your job and shove it up your ass. I'd rather work blue-collar than submit to that type of fascist regime.

    I love my country but jesus christ...people need to stop putting the almighty dollar above personal privacy and freedoms. It's like the executives who make these ridiculous decisions are so insulated from reality that they don't even realize that they're chipping away at the foundations of American life. I wonder how freedom-less life will be in 50 years.

    I'm scared.

    sedawkgrep

    --
    Is that a salami in my pants or am I just happy to be me?
  19. In the minority by nsample · · Score: 4, Interesting


    I know I will be in the minority here, but if you don't like the credit check, why are you still fighting for the job? Is it the kind of place you still want to work? Admittedly, a credit check is a pretty random thing, but there's nothing that says it cannot be a condition of employment. Should they have it? I think not. Can they demand it? Absolutely.

    The decision is simple: how badly do you want this job? Let that answer guide your decision. And if you take they job, and despise the policy, work to change it from within...

    The cynic in me says "Poster has bad credit." Apparently you've already accepted the position, though, so the check doesn't stop you from getting the job. Be pleased you have one.

  20. 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.

  21. Security Cleanence Credit Checks by mrs+clear+plastic · · Score: 4, Informative

    I remember when I had to apply for a security
    clearence back in 1978, I had to provide a lot
    of information including bank and credit
    information.

    They explained to me that one of the things they
    look at is the potential vulurability of the
    person to being given financial help in return
    for some favors (secrets) and then blackmailed
    with exposure.

    I also think they look carefully at all of
    the information; credit history included; to
    try to make certain that the person is not a
    plant; that he or she did live a legitimate life
    here in the United States.

    Mark

    --
    Cleara
  22. 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
  23. 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.

  24. Deal with it. by just+fiddling+around · · Score: 4, Interesting

    There are many ways to respond to requests like this one.

    1) whine: not really a good solution, but a Slashdot favorite ;-)
    2) ask why: much better, and the avenue which you took
    3) refuse to comply: and live with the consequences. Of course, if they really want YOU, there is always the possibility of negociating your way out of doing it.
    4) "forget" to fill it: they may never notice! (You know: "oh, sorry boss. I just didn't have time to do that. I'll just stop working on [insert important stuff with tight schedule here] and do it right away" or simply "Sorry, I forgot. I'll fill it this afternoon")
    5) Check the privacy laws which apply. In my part of sunny Canada, even making such a request is ILLEGAL, which makes it a breeze to refuse.

    IANAL, but I can advise you to get a boss which respects you enough to leave your credit alone.

    --
    You're not old until regret takes the place of your dreams.
  25. 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.

  26. Abuse... by cafebabe · · Score: 4, Interesting

    I know this is common practice these days, but it bothers me because it has such potential for abuse. Employees are barred from asking your age, marital status, sexual orientation, etc. in an interview, but if they have your credit report, they can deduce a lot of this information. (What year were your college loans taken out? Do you have a co-signer on a home or car loan? What gender is the co-signer?)

    How will you really know why you were declined?

    --
    When violence rules the world outside / And the headlines make me want to cry / It's not the time to just keep quiet
  27. Employment Background Checks: A Jobseeker's Guide by criquet · · Score: 5, Informative

    http://www.privacyrights.org/fs/fs16-bck.htm

  28. Nolo Link on the subject by doonesbury · · Score: 4, Informative

    Here's an article on Nolo. Here's the relevant portion:

    Credit reports. Under the Fair Credit Reporting Act or FCRA (15 U.S.C. 1681), employers must get an employee's written consent before seeking that employee's credit report. Many employers routinely include a request for such consent in their employment applications. If you decide not to hire or promote someone based on information in the credit report, you must give the person a copy of the report and tell them of their right to challenge the report under the FCRA. Some states have more stringent rules limiting the use of credit reports.

    --
    Whatever you do... don't read this.
  29. Guaranteed way to pass a credit check by scotay · · Score: 5, Funny

    I heard on the web that this works:

    1. Go for as long as you can without using your credit card before the interview.

    2. Drink lots of water(1 gal) on the day of the credit check.

    3. Never give them the first credit report of the morning.

    4. Take B vitamins. An overly-clear credit report may set off some red flags at the lab.

    ** Golden Seal and Visine are said to improve your chances of passing.

    I'm not sure how they expect these to work. I would think the guy that runs the reporting terminal is gonna notice you putting the drops in his eyes, but you might be able to spike his coffee cup with the golden seal

  30. Comment removed by account_deleted · · Score: 3, Interesting

    Comment removed based on user account deletion

  31. Re:Credit checks do NOT lower your credit score by siskbc · · Score: 5, Informative
    A check is neutral. Where did you get this bad information? Negative scores only come from late payments, large open debts, and extended dillenquencies.

    I got this "bad information" here among other places. Here's a link to a shorter explanation from the Fair&Isaac website, the people who make the credit score and provide them to Transunion, Equifax, etc.

    Sorry, but 10% of your credit score is how many credit checks you've had in the last year. It's not at ALL neutral, unless you're the one checking. If someone told you that, they were misinformed. Here's an excerpt from the site I linked to...

    # 35% of the score is based on your payment history. This makes sense since one of the primary reasons a lender wants to see the score is to find out if (and how timely) you pay your bills. The score is affected by how many bills have been paid late, how many were sent out for collection, any bankruptcies, etc. When these things happened also comes into play. The more recent, the worse it will be for your overall score.

    # 30% of the score is based on outstanding debt. How much do you owe on car or home loans? How many credit cards do you have that are at their credit limits? The more cards you have at their limits, the lower your score will be. The rule of thumb is to keep your card balances at 30% or less of their limits.

    # 15% of the score is based on the length of time you've had credit. The longer you've had established credit, the better it is for your overall credit score. Why? Because more information about your past payment history gives a more accurate prediction of your future actions.

    #10% of the score is based on the number of inquiries on your report. If you've applied for a lot of credit cards or loans, you will have a lot of inquiries on your credit report. These are bad for your score because they indicate that you may be in some kind of financial trouble or may be taking on a lot of debt (even if you haven't used the cards or gotten the loans). The more recent these inquiries are, the worse for your credit score. FICO scores only count inquiries from the past year.

    # 10% of the score is based on the types of credit you currently have. The number of loans and available credit from credit cards you have makes a difference. There is no magic number or combination of types of accounts that you shouldn't have. These actually come more into play if there isn't as much other information on your credit report on which to base the score.

    --

    -Looking for a job as a materials chemist or multivariat

  32. 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.
  33. Re:they used to have these things ... by andrew_0812 · · Score: 3, Interesting

    No, it didn't make sense. Sure it may work as a deterent, but it didn't help anyone get out of debt. I believe that the poster was referring to this. In the debtors prison, there was no way to make any money. If you got thrown in prison for owing me 5 pounds, then there was no way to make that 5 pounds to pay me back. Meanwhile, your wife couldn't work because of the social structure of the times, so your son(s) had to try to make enough money to support the family and to buy daddy out of prison.

    It was a stupid idea. What the poster was referring to is that not being able to get a job because of lousy credit is the same type thing. How are you going to be able to get out of debt if no one will hire you and pay you?

  34. Sabotaged Credit History by AnalogDiehard · · Score: 5, Interesting
    My soon-to-be-ex-wife ruined my credit history behind my back. To make a long story short, I have $20,000 in credit card theft (marital debt and I'm stuck with it!), an identity theft alert when she was caught attempting to open another card in my name while they were trying to serve papers against her, and collection notices when she neglected the bills while she was flying around the country seeing boyfriends behind my back. This was not a happy experience and is not anything I would wish on my worst enemy. I even have to take the drastic step of applying for a new social security number because it is in her hands where she can do more damage with it.

    Privacy issues aside, the danger is too great that interviewers reviewing my credit history would make the wrong assumption that I incurred all that debt and that I would lose the job offer without being given any chance to explain the report. I would simply tell the employer that my credit history has suffered severe damage from my spouse and that I have no choice but to vigorously protect that information. If they protest further I will simply state that I am not open to negotiations on that topic.

    --
    Eternity: will that be smoking, or non-smoking? I Corinthians 6:9-10
  35. are you kidding? by brer_rabbit · · Score: 5, Funny
    ...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...

    Are you kidding? The only reason I've got good credit / finances is because I steal from the company.

  36. Prior disclosure required? by drteknikal · · Score: 3, Interesting

    I thought that any conditions upon which employment was contingent had to be disclosed prior to hiring. Every time I've taken a job, the various invasions of privacy to which I'd be subject were known before I got there.

    It might be worth checking with a lawyer -- not to see whether the requirement is illegal, it's not, but to see whether the requirement can be enforced when it was not disclosed prior to hiring.

    --
    http://drteknikal.blogspot.com/
  37. 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.

  38. You have VERY FEW right, but this might help by Kagato · · Score: 3, Informative

    Okay, here's the deal. You're up the creek with out a paddle for the most part. Most states allow the employer to screw with the employee all they want. That's bad. MANY states make it so you can ONLY screw with people you've offered a job in writing too. So in MN, my home state, no pee spree, no credit check with out a written offer.

    1) Find out if you state allows the screening of applicants.
    2) If declined the Fair Credit Reporting Act requires (Federal Law) requires that:
    a) You are provided with a written letter indicating why you are being declined. They MUST be specific. They can't just say your FICO score was too low.
    b) They are required to tell you where they got the information from
    c) They are required to allow you to dispute anything on the report.

    Complaints can be filed with the Federal Trade Commision. Macy settled out of court with the FTC over Credit reports a few years ago. They weren't telling people why they didn't get the job.

    In one case a CRA had added several extra zero's to a disputed debt. Making the person seem unfit for a management position.

    IANAL.

  39. Re:Credit checks do NOT lower your credit score by Lovejoy · · Score: 4, Interesting

    There are two types of credit checks. The first type doesn't affect your credit. Credit Card companies use these for pre-approval offers. They will make an inquiry and it will appear on your credit report.

    A credit check for the purpose of borrowing does affect your credit. Lawrence Lindsey, the President's former chief economic advisor got into a huge public brouhaha with Toys 'R Us over its credit rating practices. He was a Governer of the Federal Reserve Board at the time he was denied a Toys 'R Us credit card because he was shopping for a home loan at the time - he had too many checks on his credit report.

    Now, I don't know which kind an employer does. I suspect the first (non-harmful) one because it doesn't involve an actual credit app.

    Our credit reporting system is crap. Creditors have too much power. They can make you pay things you don't owe simply because it's cheaper than fighting them. My wife and I are this close (holding finger and thumb close together) to countersuing a doctor that has mistreated us, doesn't return calls, and won't even prosecute the lawsuit he filed against us. The $8,000 bill he says we owe was taken off of our report, but he can put it back on whenever he wants. Ack.

    End Rant.

    Want some more? Check out my blog

  40. Re:Credit checks do NOT lower your credit score by Osty · · Score: 4, Interesting

    #10% of the score is based on the number of inquiries on your report. If you've applied for a lot of credit cards or loans, you will have a lot of inquiries on your credit report. These are bad for your score because they indicate that you may be in some kind of financial trouble or may be taking on a lot of debt (even if you haven't used the cards or gotten the loans). The more recent these inquiries are, the worse for your credit score. FICO scores only count inquiries from the past year.

    You (or howstuffworks.com) really need to qualify this one. Take a look at your credit report sometime. Holy Crap! Look at all of those credit checks! OMG, WTF is going on? Thus is the penalty of having good credit (not a "penalty" that applies to your credit score, but a "penalty" of annoyance). I bet you get pantloads of credit card offers in the mail. I bet many of them say "pre-approved" or similar. And you know what? Every time you get one of those, there's an accompanying credit check. None of those checks hurt you (and really, shopping around a loan doesn't hurt you as much as you'd think, either -- of course, if you do it right, it won't matter; get yourself a pre-approval from an underwriter, and then no other broker will need to run a credit check until you commit to the loan). I don't know for sure, but I'd hazard a guess that the type of check an employer would do would fall into this same category of lookups. Yes, you get penalized for getting many credit cards, for example, but the problem is not simply one of the credit companies checking your credit. You get hurt because you're decreasing your potential credit ($1000 credit in a credit card is $1000 less credit you can get for that auto loan or mortgage, roughly), you're penalized for age (creditors like seeing long histories of credit, so get 2-3 cards and stick with them; swapping out cards every year or so is bad, because you can't establish age), you're penalized for an increase in your debt/income ratio (why get a credit card if you're not going to use it?), and finally you're possibly penalized a tiny amount (1-2 points, rarely more) for having that extra check on your credit.


    Consider it this way -- what looks better on your credit report? A steady (if new job) and an extra credit check by your employer, or no job but a clean record of credit checks in the past year? I'd choose the former, and anybody with a brain would as well.


    (I'm not addressing the legal, ethical, or moral issues surrounding an employer requiring a credit check. I'm simply making the point that one extra credit check to get a job is not going to hurt you in any way, unless you're going through many jobs in a year -- and then you're going to be hurt more by insufficient length at each job than you are by the credit checks required to get those jobs.)

  41. Is the salary over $150K? by aquarian · · Score: 4, Interesting

    If the salary for the job in question is over $150k, there are even greater ramifications of this. They can do a financial background check in addition to what appears on your credit report, and anything they find can be reported to the credit agencies, and appear on your report *forever.* That's right, not 7 years, or 10 years as with bankruptcy, but forever.

    The moral of the story is that in this age of high profile corportate corruption, etc., companies, ehareholders, and government agencies are doing whatever they can to protect themselves. In the wake of the Rafael Perez and Rodney King scandals, the LAPD even insists on a completely clean credit record for its recruits. A bankruptcy or other credit faux pas means no job.

  42. Re:But he's a DIRECTOR by dfung · · Score: 3, Informative

    Wrong kind of director (well, probably anyway). There are officers of the company that serve on the board of directors. The board serves an advisory role to the executive staff; nominally, the CEO "reports" to the Chairman of the Board, but it's only nominal as the CEO works at the company and the board doesn't really.

    I believe this position was the *other* kind of director - a high middle management position, typically a direct report to a vice president. The VP is considered an officer of the company and is privy to what the SEC considers inside information as a part of his job duties. A director typically isn't an officer.

    If you're convicted of a felony, or even certain types of misdemeanors related to financial mishandling, then you often cannot legally serve on a board of directors or even executive staff (the CEO, COO, CFO, and top VPs). This may even extend to having had personal bankruptcy or declaring bankruptcy at a company at which you were previously an officer. I don't think a credit check is typical here, but would not be inappropriate, especially these days.

    Most board of director-type seats are delivered via the old-boys-club-in-a-smoky-room, so until recently, a lot of these technical formalities were just blown off.

  43. Re:BAD...Credit scores reflect frequent credit che by riaasucks · · Score: 5, Informative
    There's alot of half truths being bantered about. For the best info on credit, you need to go to Creditnet.

    That being said, inquiries (or checks) on your credit fall into two distinct categories: hard and soft.

    Hard inquiries are inquiries that are initiated per your attempt to aquire credit, usually applying for new credit, sometimes by requesting credit limit increases. These stay on your reports for two years and do indeed knock a few points off of your FICO score per inquiry. The FICO formula only pays attention to hard inquiries in the past six months...anything older is not factored into your FICO score, but a creditor may still use it for approval decisions. Multiple inquiries in a one month period while shopping for auto or mortgagee loans are treated by FICO as a single inquiry.

    Soft inquiries are inquiries that can be created by viewing your own credit report, a current creditor doing an account review, employer checks and those nice unsolicited preapproval letters you get from credit card companies. These inquiries also stay on your report for two years, but they are ONLY viewed by you and have NO effect whatsoever on your credit score.

  44. Agree, an example... by Anonymous Coward · · Score: 4, Informative

    My current company wants me to sign an IP agreement - fine I say, I'll be happy to sign an agreement not to disclose any proprietary information as long as you take out the portion that says any "works" created by myself, at any time during employment, belong to the company - I only want works created on company time and/or using company equipment to be owned by my employer. Very reasonable, I think...

    Every time they ask me to sign the document, I send the same questions back to them, they say "we'll ask the lawyers", and I don't hear from them for a year.

  45. Re:Employment Background Checks: A Jobseeker's Gui by rmohr02 · · Score: 3, Informative

    http://www.privacyrights.org/fs/fs16-bck.htm

    Why is it that people don't feel they should make a link when they post a URL?

  46. 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...

    --
    You need a FREE iPod Nano
  47. Re:employment at will by Anonymous Coward · · Score: 5, Interesting
    As a former employee of Fair Isaac Company (the 'F' and 'I' in FICO), I read too many horror stories about !@#$ in peoples credit scores ... made all the worse because a/ most people don't know that their credit rating has taken a hit a b/ because most of the time it is damn near impossible to fix.

    As an example, if you want to screw someone over, simply run several dozen credit requests against an individual (pretty trivial exercise). That alone screws them up.

    Next, you just don't know - unless you request it - what's on your record. I've been turned over to collection agencies twice - and both times the companies in question owed me money. Letters with the name of large legal firms were neccessary to get the situation resolved. And that's becuase I was aware of the issues.

    One of the more frightening 'hits' people take is through their good buddies, landlords. They move, believe they have closed their utility/phone/whatever, and the landlord doesn't forward the request for the last bill. The billing companies have no forwarding address ...

    For comparison, the MIB (Medical Information Bureau) is only available to a select few companies. And they have a nifty policy ... you can use the information so obtained to start an investigation of your own, but cannot rely on the information they provide alone. Like, if someone applies for life insurance, and the insurer's query returns the minor detail they've had three heart attacks in the last year. If the insurer then requests the reports from the hospitals, well and good. If they deny you based on the MIB info alone, and get caught, the fines and possible loss of access are staggering.

    Unfortuantely, a similar idea for credit ratings was shot down. The companies who use these credit scores benefit in two ways by not verifying a 'bad' score - no investigation cost, and, for most of them, charging a higher interest rate.

    So the industry is set up to fuck your rating, and reluctant to do anything about it. I'm with the original poster, tell the company to get stuffed. It's the old "It came from the computer, so it must be correct!" whine of people who don't want to take responsibility for a system they know is broken.

  48. it's different in non-US places by BACbKA · · Score: 4, Interesting
    In some other countries this situation wouldn't have arisen. I mean the countries where the argument "it's been our policy so far so we'll do it to you too, even that you've shown us through sheer logic it's stupid" can't be used by a sane person claiming to be a professional. I don't know how difficult it is to change the custom of treating the argument "it's our policy, so it's beyond the idea of being ever changed" in the U.S. (I've lived in Russia and Israel for a while.)

    While in the US it's probably next to impossible to get out of the situation like this when the words "our policy" have been pronounced (I mean, other than trying to do it through a lawyer which is probably not a good idea if one wants to continue his career at the place), I believe that it's still possible to find a place that does value the specialists just for their professional background.

    Personally, I find the idea of credit check as a condition for building employer/employee relationship very insulting. Even setting aside the issues of people with zero credit history because they're new or because they prefer living with a positive balance on their account, I can imagine descent people have nasty spots in their credit history. I know very good professionals who are amazing (friendly & dependable) people, who had severe credit problems because they had gotten into very nasty family health issues in the U.S. In this country (IMHO, of course), noone (aside from very rich people) can be protected from this or racket-like legal action shaking money out of normal people by just forcing them to defend their case when they hurt noone. (This is one of the reasons why I wouldn't like my kids to grow up here and why I have never attempted to achieve permanent residency here.) I'm not saying the U.S. is bad in general, I'm just saying that for me the cons outweigh the pros.

    I would have refused that job unless the guys were sane enough to take my argument and take back their stupid "policy" issues at least in my case. If they don't respect my privacy concerns in this matter, they can go hire someone else. My current employer didn't ask me these questions, and this is actually the 1st time (this article) that I've learnt this happens. I mean, I could have imagined something like this in the banking industry, or accounting (maybe...), but not IT.

    --

    VKh

  49. Credit history is a good predictor of behavior by InsMonkey · · Score: 3, Interesting

    For six years I worked for an insurance company who based their entire pricing structure on the fact that credit scores are great indicators of future behavior. In a large (200K+) population of customers, the ones with higher credit scores made fewer claims. Period. They went so far as to separate people into 12 different levels of risk based on credit alone! Clear patterns only emerge in LARGE groups of people, not in individual isolated cases. Consumers and legislators hate it, but insurance companies LOVE credit scores because they are dead accurate in classifying large populations.

    The key here is that credit scores only become a useful indicator as the population grows. If this employer is small then they are wasting their time. But, if they hire hundreds of people a year then it makes perfect sense to screen with credit. In this particular case the credit check had the unexpected benefit of clearly identifying the poster as self-important "director-level" whiner. Who would want to hire someone who pulls a stunt like this right out of the gate?

    --
    I'd rather have a full bottle in front of me than a full frontal lobotomy.