Colorado Consent to Credit History, Background and Reference Check by Potential Employee

State:
Multi-State
Control #:
US-04330BG
Format:
Word
Instant download

Description

This is a consent form to be signed by a potential Employee, permitting a credit history, background and reference check to be performed by the Landlord or Employer.


Businesses rarely prosper by treating employees unfairly. Successful businesses, particularly in nonunion settings, are a meritocracy. People are selected because of their qualifications and are advanced because of their performance. While commendable, this simple rule is not enough to avoid Equal Employment Opportunity (EEO) legal pitfalls. In Hawaii, for example, an employment application that inquires into felony convictions is unlawful on its face and can expose well-meaning employers and their individual managers to thousands of dollars in damages. The key to EEO compliance is depth of knowledge of the law and how it applies to your business. Here is our compliance and loss prevention approach.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.


How to fill out Consent To Credit History, Background And Reference Check By Potential Employee?

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FAQ

The applicant must provide written consent for the background check. If the pre-employment check is compulsory for hiring, the business must state it clearly in their written policies. The employee has the right to be notified about checks being conducted about their reputation, lifestyle, history, or character.

The reason for such a wide variation in the timeline of the check is that there is a wide variation in the specific elements that make up the background check. But generally speaking, a typical check usually takes two to four business days barring any unforeseen circumstances or other complications.

Colorado has joined the ban-the-box legislative trend. Ban-the-box laws prohibit employers from asking applicants about criminal history on the employment application, thereby banning the once-common checkbox for applicants to disclose their ex-convict status.

Federal law does not prohibit employers from conducting background checks before an offer of employment is made. State laws, however, may have restrictions. Although in most states a standard background check can be conducted prior to an offer, a small number of states do not allow it.

Colorado law prohibits employers from asking about criminal records that have been sealed. Employers may not ask employees about these records in interviews or job applications. An applicant may answer any questions about these records as if they had not occurred.

Colorado has joined the ban-the-box legislative trend. Ban-the-box laws prohibit employers from asking applicants about criminal history on the employment application, thereby banning the once-common checkbox for applicants to disclose their ex-convict status.

Thanks to the Fair Credit Reporting Act (FCRA), employers can't go checking your credit history behind your back. They must have written consent before pulling an applicant's credit history.

How far back does a background check go in Colorado? Colorado applies a seven-year rule in regards to background checks. This is in line with the Fair Credit Reporting Act, which states that background check reports cannot include arrests that are more than seven years old which did not result in a conviction.

A background check usually comes at the end of the hiring process. Employers will typically conduct a background check before they're about to make an offer. They may be conducting a background check on a handful of candidates they're considering making an offer to.

Colorado employers typically request criminal history information and verification of past employment, education, and credentials on background checks. However, depending on the specific job for which you are hiring, you might also request other types of pre-employment checks such as drug screens or driving records.

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Colorado Consent to Credit History, Background and Reference Check by Potential Employee