New Jersey 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

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.

Employers who conduct background checks are required to give job applicants the Summary of Your Rights Under the Fair Credit Reporting Act disclosure form.

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.

Again, a credit check likely won't affect your chances of getting a job unless you're pursuing a financial or management position or may be privy to sensitive information. If you plan to work with a company's finances, the hiring managers want to make sure you handle money responsibly.

You only have to disclose your record to an employer if they ask you. Many employers ask at some point and if your convictions are unspent, you legally need to disclose them. If an employer asks and you don't disclose, they could later revoke the job offer or you could be dismissed.

Essentially, the 7-year rule states that all civil suits, civil judgments, arrest records, and paid tax liens can't be reported in a background investigation (or other consumer report) after 7 years.

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.

No criminal background checks will be conducted until there is a conditional offer of employment, and then there is a restricted look back period for various types of criminal offenses, ranging from five to eight years.

New Jersey Law on Use of Criminal RecordsAn employer may ask an applicant aboutor otherwise seek information relating tocriminal history only after it has conducted an interview of the applicant.

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.

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