Georgia 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

Unfortunately, while federal laws prevent discrimination in the workplace regarding race and gender, no such laws exist to prevent being denied a job due to poor credit history. So yes, in most states your credit report can influence the hiring decision.

Georgia law allows employers to obtain criminal records on applicants from the state's Crime Information Center, with the applicant's fingerprints or written consent.

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.

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.

According to the 2018 HR.com report, employers typically assess applicants based on their long-term credit history four to seven years overall unlike lenders. That means if there is a big discrepancy from a few years ago, an employer may still ask you about it even if your most recent credit history is healthy.

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.

Can an Employer See Your Credit Score? Employers who run credit checks cannot see your credit score. The report they receive includes information that contributes to your score, like payment history, and frequent late payments could be a cause for concern. But the three-digit credit number is not included.

Several state laws in Georgia govern pre-employment background checks. Under OCGA § 35-3-34(3)(b), employers that obtain criminal history records and decide not to hire them must inform the applicants about the origin of the information, its contents, and how it affected the decision not to hire them.

The good news: As a job seeker, you have some protections. Employers must receive written permission from you before running a background check, and if anything in the reports leads to the company deciding against hiring you, the employer is required to inform you and provide you with a copy of the report.

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.

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