Wednesday, January 9, 2019

Can Background Check Show Fired

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Can Background Check Show Fired


Can Background Check Show Fired

In February of 2017, nearly a dozen former employees of Wells Fargo bank filed a lawsuit in a South Dakota District federal court that claimed they were fired from their jobs for minor criminal charges already disclosed when they were originally hired after Wells Fargo conducted background checks on them to comply with a 2008 federal law that bars banks and mortgage lenders from employing people convicted of crimes involving dishonesty,” according to a report from Argus Leader Media. Argus Leader Media reports that employees let go by Wells Fargo over background checks argued the criminal charges were in some cases decades old” and had been expunged or dismissed from their records.” The lawsuit alleges: Pursuant to the Backgrounds Check Project, Wells Fargo abruptly fired hundreds of exemplary employees, some of whom had worked for Wells Fargo for decades and were approaching retirement, others who had just received promotions or had bonuses forthcoming.” Argus Leader Media also reports the lawsuit claims Wells Fargo broke promises to employees when they were told the criminal charges wouldn't affect their employment but years later were fired for the offenses,” and accuses the bank of committing fraud and deceit, violating the federal Fair Credit Reporting Act (FCRA) that governs background checks in the U.S., and conspiracy. There is nothing more disheartening than getting hired, doing a great job, but then getting fired because there was a discrepancy between what you told the company was on your record and what they saw when they ran a background check.

The background check copies that I have seen do not say specifically that the employee was fired, it just shows the name, address of the employer and the time frame you were employed with them. One employee cited in the Argus Leader Media report had passed Wells Fargo's background checks twice before she was fired in 2012 for the theft of a hairbrush in 1982 even though she had disclosed the incident and was told it would not affect her employment. Wells Fargo Sued by Former Employees Fired Over Background Checks.

Nthing background checks do not entail jobs from which you were fired (even 18 years ago). I had started working for this new company already when I received the news that I was being fired because my background check had came back and I have a misdemeanor domestic on my record. Can a company background check find out if the person was fired for misconduct from previous employer?

-getting unemployment isn't a criminal matter, so it wouldn't show up on a criminal background check, unless it was something that was illegal, like faking an injury to get unemployment or getting fired for theft, but even then, the CRIME would be on the background check, not the fact you're receiving unemployment. Under the new policy, for example, if an employer performs a background check on someone who has already been hired and the employee is fired as a result, and the employee did not have any performance issues while they were employed, that could be a violation.
https://www.stetson.edu/law/conferences/highered/archive/media/higher-ed-archives-2010/background-checks-in-the-university-admissions-process-an-overview-of-legal-and-policy-considerations-j-c-and-u-l-2008.pdf
https://www.andrews.edu/documents/employment/interview_instructions.pdf

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