Florida 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

Potential employers will never be able to see your three-digit credit score when you apply for a job. They will, however, be able to look at a version of your credit report that's different from the one that lenders see.

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.

While Florida law does not do much to restrict employers from conducting criminal background checks, federal law does provide applicants with some limited legal rights. Under the Fair Credit Reporting Act (FCRA), employers must obtain consent from applicants before they access a criminal background record.

Ethicallyand often legallyyou should always obtain permission before screening anyone. So the short answer is no, you can't run a background check without permission.

Yes. Certain Florida background check records are subject to limitations under the federal Fair Credit Reporting Act or FCRA. According to the FCRA's 7-year rule, for example, certain criminal records must be removed from an applicant's history after seven years.

These checks include employment history, criminal records, and the sex offender registry. It may also include a credit check. To be the subject of a level 1 check, an individual should neither be awaiting arrest nor holding any record of felony or delinquency as prohibited by the Florida Statutes.

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.

Florida Background Check Laws Unlike some states, state law does not limit employers' ability to conduct criminal background checks in Florida. There are no statewide ban-the-box or fair hiring laws in Florida, although some counties and cities have their own ban-the-box and fair hiring laws.

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.

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