Delaware 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.


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FAQ

Yes, an employer can check your credit history if you have given your consent. Under the Delaware Consent to Credit History, Background and Reference Check by Potential Employee guidelines, your permission is required for them to access this information. It’s advisable to inform potential employers if you have any concerns about your credit history.

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.

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.

Taylor, Jr.: Employers may find credit information relevant in certain instances. Depending on the role you are seeking or the industry you work in, an employer may include a credit report as part of your background check for the position.

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.

The best time to run a background check during the hiring process is after a conditional job offer has been shared with a candidate, but before their employment is finalized. Some employers like to run checks on all applicants that go through the interview process.

An employer may ask you for all sorts of background information, especially during the hiring process. For example, some employers may ask about your employment history, your education, your criminal record, your financial history, your medical history, or your use of online social media.

Before this waiting time has elapsed, the employer cannot finalize any adverse decision based on the candidate's background checks. The employer cannot formally rescind the candidate's job offer or hire someone else until at least five business days have passed.

I just recently went through this, and the background/drug tests didn't complete until almost right on top of the target start date. Most companies would advise prospective employees not to give notice until employment checks are complete (for potential liability issues I would imagine).

The short answer is no, your credit score doesn't usually show up on a standard background check though sometimes landlords may submit a request for a credit score separately. (You'll have to give your written permission for them to do so.) But your credit history could still affect your application.

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