Maine 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

Maine pre-employment background checks must comply with the FCRA and its restrictions on how far back adverse information can be reported and used to disqualify applicants for employment. The FCRA has a seven-year lookback period, meaning you will not see information about arrests that are more than seven years old.

Employers can and do run pre-employment credit checks as a part of your application process, but they need your permission to do so. Getting a better paying job can be a good step towards improving your credit score.

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.

Before doing a background or credit check, employers must request and receive written permission from you. If anything in the reports leads to the company deciding against hiring you, they are required to inform you and give you a copy of the report.

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.

Maine pre-employment background checks must comply with the FCRA and its restrictions on how far back adverse information can be reported and used to disqualify applicants for employment. The FCRA has a seven-year lookback period, meaning you will not see information about arrests that are more than seven years old.

What are your legal rights as a job applicant? 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.

Maine's RequirementsMaine's new law prohibits employers from: (1) requesting an applicant's criminal history on an initial employment application; and (2) stating on the application or in an advertisement that a person with a criminal history cannot apply or will not be considered for a position.

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.

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