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Could a Mistake on Your Background Check Get You Fired from Your Job?

November 4, 2009 11:08 by Tom Ahearn

An error on a background check may prevent a prospective employee from getting hired for work, but could an error on a background check get an already hired employee fired from a job?

The answer is “Yes” according to an article in the Baltimore Sun that tells the story of a woman in Maryland who was fired from her job after an error on a government background check mistakenly deemed her “unsuitable” for work on a government contract even though she had no criminal record.

According to the Sun, Eschol Amelia “Amy” Studnitz, 59, lost her $58,000 a year accounting job at Corporate Mailing Services (CMS) in July because a background check investigation for the Social Security Administration (SSA) – the government agency CMS had won a contract to handle mail for – was returned as unsuitable for the low-level (Level 1) security clearance needed for all employees at the CMS facility in Arbutus, Maryland.

However, the Sun reports that the SSA wrote a follow-up letter to CMS in August reversing its decision on the background check so that Studnitz could work on the new contract, but Studnitz was not reinstated by her former employer due to reorganizing and supposed performance shortfalls or hired elsewhere in this tough job market. Studnitz has also asked Representative Roscoe Bartlett (R - MD) to look into her case, and Bartlett is also considering legislation to address future similar situations where inaccurate government criminal background checks are the cause of action for loss of jobs for government work, according to the Sun.

With background checks becoming increasingly common, the Sun report on Studnitz’s firing shows the impact that glitches in databases used during the background check process can have on employees, employers, and even the government. While firings based on mistakes in background checks are relatively rare, errors and inaccuracies on background checks do occur and should be avoided at all costs – especially when the cost includes employment. Some jobseekers are literally taking background check investigations into their own hands by ordering “personal” background checks on themselves to make sure their personal information is accurate, current, and secure.

While most background check companies focus only on employers, MyBackgroundCheck.com – a pioneer in consumer requested background checks – offers both jobseekers and current employees the opportunity to perform personal background checks on themselves to protect their personal information. For more information on personal background checks, visit www.mybackgroundcheck.com, email info@mybackgroundcheck.com, or call 1-800-503-2364. To follow MyBackgroundCheck.com on Twitter, visit www.twitter.com/MyBackgroundChk.

tahearn@mybackgroundcheck.com

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Tags: social security administration, ssa, government, background check, personal, mybackgroundcheck.com

Categories: Discrimination | Job Seekers | Personal Background Checks

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Identity Theft Victim Jailed Twice Due to False Arrest, Once After Being Robbed

October 12, 2009 17:25 by Tom Ahearn

An article on Lexch.com – the website is based on the local Lexington, Nebraska newspaper, The Lexington Clipper-Herald – tells the story of an identity theft victim who ended up in jail twice for a crime he didn't commit, once after being robbed and calling the police for help.

According to the article, Joe Salazar, 38, of Omaha, Nebraska, recently spent a night in jail after calling the police to report a burglary at his home, and he also spent two weeks in jail – including last Christmas and New Year's Day – after being pulled over for speeding, all because the identity theft victim had an arrest warrant for failing to appear for sentencing in a drug case meant for an identity thief using his name.

Salazar believes the identity theft occurred after the unknown impostor stole his identification, date of birth, and Social Security number after he left his wallet behind at a restaurant years ago, the Clipper Herald reported, adding that a local prosecutor calls the identity theft one of the most extreme examples he has seen, one that has cost Salazar his good name, his time, and his freedom. Even worse than losing his freedom, according to the article, Salazar feared losing his job at a local manufacturing company because his bosses might not believe that he was in jail due to a case of identity theft.

Salazar's case of identity theft, although extreme, is much more common than most would think. According to Javelin Research, almost 10 million people in the U.S. suffered from identity theft and fraud in 2008, a rise of 22 percent from the previous year. With identity theft such a problem, many people have taken the situation into their own hands by ordering “personal” background checks on themselves to see the data contained in their public and private information. MyBackgroundCheck.com – a leading provider of background checks for individual consumers – helps people make sure that the personal information in their background checks is current, accurate, and safe from identity theft.

Over one million consumers have purchased background checks through MyBackgroundCheck.com. For more information on how “personal” background checks can help prevent identity theft, visit www.mybackgroundcheck.com, email info@mybackgroundcheck.com, or call 1-800-503-2364. Follow MyBackgroundCheck.com on Twitter at www.twitter.com/MyBackgroundChk.

tahearn@mybackgroundcheck.com

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Tags: identity theft, fraud, background check, mybackgroundcheck.com

Categories: Discrimination | Identity Theft and Fraud | Privacy Rights

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Bad Credit A “Catch-22” For Jobseekers During Employment Background Checks

September 1, 2009 11:13 by Tom Ahearn

According to an article from the Charlotte Observer, more employers are looking at credit reports during pre-employment background checks, and jobseekers should realize that what they don't know about their own credit reports can and will hurt them.

The Charlotte Observer reports that – especially in a recession – a crippling cycle of unemployment can be created as more companies pull credit reports as they decide what people to hire, a process that can lead to a “Catch 22” situation during background checks where jobseekers need jobs to improve their credit, but can't get jobs because their credit is poor.

According to a 2004 survey by the Society for Human Resource Management, nearly half (43 percent) of companies nationwide said they “always” or “sometimes” checked credit reports of jobseekers, the Observer reports, as compared to a similar study in 1998 in which only one-quarter (25 percent) of companies said they “regularly” or “sometimes” checked credit reports of jobseekers.

While only a few states have passed rules limiting how companies use credit reports during background checks on jobseekers, a bill currently in the U.S. House called the ‘Equal Employment for All Act’ (H.R. 3149) would amend the Fair Credit Reporting Act (FCRA) to prohibit the use of consumer credit checks against prospective and current employees during hiring or firing processes, thus preventing employers from using credit reports as part of pre-employment background checks. However, employers counter that checking credit reports helps companies fully assess jobseekers during pre-employment background checks, especially those who may have access to finances, the Observer reports.

A credit report is a summary of information about a person’s financial history collected by three main credit bureaus – Equifax, Experian, and TransUnion – and checked by employers, banks, insurers, landlords, cell phone companies, and utilities, among others, before they do business with that person.

Although, according to ConsumerReports.org, consumers find roughly 13 million inaccuracies on their credit reports each year, more than 40 percent of the consumers surveyed by the U.S. Government Accountability Office (GAO) hadn’t checked their credit reports for errors. Another recent survey by the federation of state Public Interest Research Groups (PIRGs) showed that 79 percent of credit reports contained errors of some kind, and over half (54 percent) contained personal information that was misspelled, outdated, or otherwise incorrect.

Jobseekers in particular are advised to check their credit reports so they know what information employers will see BEFORE they see it. The same goes for their criminal background checks. The last thing jobseekers need, especially in these tough economic times, is to have a mistake on their credit report or criminal background check cost them much needed employment.

MyBackgroundCheck.com – a pioneer in consumer requested and applicant supplied “personal” background checks for individuals – offers a service that jobseekers can use to take control of their own personal information and make sure their credit report and background check information is kept up-to-date, accurate, and secure from identity theft and fraud. For more information about how “personal” background checks can help jobseekers find employment, please visit www.mybackgroundcheck.com, email info@mybackgroundcheck.com, or call 1-800-503-2364. To follow MyBackgroundCheck.com on Twitter, visit www.twitter.com/MyBackgroundChk.

tahearn@mybackgroundcheck.com

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Tags: jobseeker, employer, background check, credit report, credit, mybackgroundcheck.com

Categories: Discrimination | Job Seekers | Personal Background Checks

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New Bill Prevents Employers From Using Credit Reports During Background Checks

August 5, 2009 10:13 by Tom Ahearn

Jobseekers worried that bad credit scores may show up during pre-employment background checks and hurt their chances of finding work may not have to worry much longer.

A new bill introduced in the House of Representatives – The ‘Equal Employment for All Act’ (H.R. 3149) – would amend the Fair Credit Reporting Act (FCRA) to prohibit the use of consumer credit checks against prospective and current employees during hiring or firing processes, thus preventing employers from using credit reports as part of pre-employment background checks.

According to a press release from the offices of U.S. Congressman Luis V. Gutierrez (D-IL), the act would give “credit-challenged” citizens – such as students, recent college graduates, low-income families, senior citizens, and minorities – the opportunity to begin rebuilding their credit history by obtaining a job. Many jobseekers are turned down after background checks due to poor credit because employers “have erroneously linked credit scores to potential job performance.”

H.R. 3149 specifically states that “a person, including a prospective employer or current employer, may not use a consumer report or investigative consumer report, or cause a consumer report or investigative consumer report to be procured, with respect to any consumer where any information contained in the report bears on the consumer's creditworthiness, credit standing, or credit capacity.”

This prohibition applies even if the jobseeker consents to or otherwise authorizes the use of a background check for employment purposes. However, there are exceptions, and employers may use credit reports during background checks in the following situations:

When a person applies for, or currently holds, employment that requires national security or FDIC clearance.
When a person applies for, or currently holds, employment with a State or local government agency which requires such a report.
When a person applies for, or currently holds, a supervisory, managerial, professional, or executive position at a financial institution.
When otherwise required by law.

However, the exceptions would have no effect upon the other requirements in regards to disclosure and notification to a jobseeker when using a credit report for pre-employment background checks or for making an adverse action – such as rescinding an offer of employment – against the jobseeker.

Even though credit reports may be excluded from background checks due to the ‘Equal Employment for All Act,’ jobseekers are still advised to keep their personal information current, accurate, and secure. An error or inaccuracy found on a background check – such as a arrest or conviction put on one's criminal record because of an honest mitake or due to identity theft – can still cost a jobseeker employment.

While most background check companies focus on employers, MyBackgroundCheck.com is a leading provider of consumer requested and applicant supplied “personal” background checks. By ordering self background checks, jobseekers can take control of their personal information and share the data with whomever they wish, including potential employers.

To learn more about how personal background checks can help jobseekers, visit www.mybackgroundcheck.com, email info@mybackgroundcheck.com, or call 1-800-503-2364. To follow MyBackgroundCheck.com on Twitter, visit www.twitter.com/MybackgroundChk.

tahearn@mybackgroundcheck.com

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Tags: equal employment for all act, h.r. 3149, background check, credit report, credit check, mybackgroundcheck.com

Categories: Compliance | Discrimination | Job Seekers | Privacy Rights

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Montana City Stops Requiring Facebook, MySpace & YouTube Logins/Passwords During Background Checks

June 24, 2009 10:15 by Tom Ahearn

Until recently, Bozeman, Montana required jobseekers looking to work for the city to reveal all of their passwords and logins to social media networking sites like Facebook, MySpace, and YouTube – and to email accounts such as Google and Yahoo – during background checks. News of the requirement created such a controversy over privacy rights that the city’s practice of reviewing information found on password-protected sites has since been suspended pending “a more comprehensive evaluation.”

According to reports, a news station in Montana was informed about Bozeman's background check policies from an anonymous individual. Jobseekers for Bozeman city posts were required to sign a background check waiver requiring applicants – in addition to undergoing usual criminal records search and past employment reviews – to list their involvement with online websites “to include, but not limited to: Facebook, Google, Yahoo, YouTube.com, MySpace, etc.” The city form then offered three lines for applicants to list websites, their user names and login information, and their passwords.

Not surprisingly, the requirement raised questions concerning the privacy rights of applicants. Bozeman officials were receiving an e-mail a minute about the background check policy while an online poll tallying more than 5,000 votes found 98 percent of the respondents thought the policy was an invasion of privacy. In addition, Article 2, Section 10 of the Montana Constitution reads “the right of individual privacy is essential to the well-being of a free society and shall not be infringed without the showing of a compelling state interest.”

Initially, the Bozeman City Attorney was quoted as defending the background check policy: “We have positions ranging from fire and police, which require people of high integrity for those positions, all the way down to the lifeguards and the folks that work in city hall here. So we do those types of investigations to make sure the people that we hire have the highest moral character and are a good fit for the city.” The city has since ended the policy which “appears to have exceeded that which is acceptable to our community.”

Regarding the city's former background check requirement, officials from online social networking website Facebook.com – which currently has more than 200 million active users worldwide – were quoted as saying the Bozeman policy “is a violation of Facebook’s Statement of Rights and Responsibilities, which received feedback from users and was ultimately approved in a site-wide vote.” This proves once again that while some employers favor using social media sites for employment background checks, the process does come with certain risks and liabilities.

Whatever their opinion on privacy issues, jobseekers in today’s job market should expect a thorough background check that could include a criminal record search, resume validation, and even a credit report. While social networking sites probably should stay off limits, employers will have plenty of information left in the background check to ponder. Jobseekers should do their best to make sure that the information found in background check reports is current, accurate, and secure from identity theft.

One way to accomplish this goal is with a Self Background Check – a background check that is ordered by an individual and for the individual. Self background checks help jobseekers keep the information that will be viewed by potential employers mistake-proof and error-free. While most background check companies only service employers, MyBackgroundCheck.com specializes in personal background checks for individuals to use as jobseekers, tenants, students, volunteers, and everyday consumers. For more information on self background checks, please visit www.mybackgroundcheck.com, email info@mybackgroundcheck.com, or call 1-800-503-2364.

Contact Us @ MyBackgroundCheck.com

tahearn@mybackgroundcheck.com

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Tags: privacy, jobseeker, youtube, facebook, myspace, google, yahoo, background check, mybackgroundcheck.com

Categories: Discrimination | Job Seekers | Personal Background Checks | Privacy Rights

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