Washington 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

Employers are prohibited from inquiring into a job applicant's criminal history on the job application. The background check itself is delayed until after an interview or conditional offer of employment.

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.

Disclosing criminal records to employers in brief 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. You could even face a further conviction.

Employers are most likely to check credit when the job you're applying for requires you to manage finances or handle sensitive data. But some cities and states limit whether, and to what extent, employers can use credit history in hiring decisions.

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.

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.

In Washington, employers are prohibited from asking about certain criminal records and may only ask about criminal history in the later stages of the application process. Washington also has a law similar to the federal FCRA.

Unless the employer is asking for medical or genetic information, it's not illegal to ask you questions about your background, or to require a background check.

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.

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