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

State:
Multi-State
Control #:
US-04330BG
Format:
Word
100 downloads

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

Companies with 15 or more employees are not allowed to include questions about criminal history in their job applications. Furthermore, a background search in Texas can only be conducted after there has been a conditional job offer. Failing to comply can result in a $500 fine.

Background checks in Texas are subject to the Fair Credit Reporting Act Laws. Employers are generally only able to look back into your credit and criminal history 7 years, unless you'll be making over $75,000 a year.

If a prospective employer contacts your previous workplace, your prior employer can legally disclose anything about your employment, including your salary, job duties, vacation days taken, disciplinary action, or concerns about your job performance.

Under Texas law, an employer may release the following information to a former employee or prospective employer: Reason employee left the companyand if terminated, the reason for termination. Employee's performance on the job. Other assessment factors, such as employee's effort, attendance and attitude.

Being refused a jobThere is no legal concept of 'discrimination on the basis of having a criminal record', as there is for discrimination on the grounds of age or disability. Your treatment, therefore, will only create a legal claim if it would do so for someone without a criminal record.

Under Texas law, most employers are limited to a seven-year criminal background check for positions paying under $75,000. If the position will pay more than $75,000, employers are entitled to check the applicant's criminal background back to the age of eighteen.

It contains all the state's criminal records from both public and private sources, but only authorized law enforcement and criminal justice agencies can access it. Public records, such as criminal histories, court records, vital records, and more, meanwhile, are easy to locate in Texas.

Do I Have to Give My Approval for a Background Check? Even though state laws allow employers to run an employee background check, it does not give them permission to do so without the employee's consent. Employers must notify job applicants in writing that a background check will be run.

What are the Rules on Credit Checks? Federal law permits employers to conduct a credit history check, as long as there is consent from the 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.

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