Didnt receive background check back

[toribowl]

What is the name of your state (only U.S. law)? CA

Hi Forum, I took a job through a staffing company and had a background check done on me and I was hired for the job. I explained that I had a criminal record and they said as long as it wasn't a felony it would be ok. (its a misdemeanor assault charge)

The staffing company background check said this

"I understand a background profile verification will be conducted in order to ensure the business standards and practices of"
the company will not be compromised. This information will be held in the strictest of confidence. I hereby authorize the
company to perform all checks on my credentials as allowed by law including, but not limited to; criminal conviction
records, credit reports, educational records, motor vehicle reports, discussions with supervisors, co-workers, friends,
business associates, or other individuals that the company, in its sole discretion, believes may have relevant information
regarding my suitability for employment unless otherwise directed by me. I further authorize the State of Georgia as well
as any other State, City, Municipality or other agency of the government of the United States of America, to furnish all
information and copies of records considered confidential concerning myself."

The background check did not have a checkbox asking me if I wanted to receive a copy of my report. Nor did it say anything about the FCRA see blow.

Above and beyond the FCRA requirements outlined above, the California notice must contain:

a check-box for applicants/employees to indicate whether they want a copy of the credit report. If this box is checked, the employer must request that a copy of the credit report be provided to the employee/applicant simultaneously with the employer’s receipt of the credit report. This report must be provided to the applicant employee—free of charge—regardless of whether adverse action is taken or not

the specific name, address and website of the consumer reporting agency (“CRA&#8221 (and, if a national CRA, a toll free number)

information that the applicant/employee has a right to find out whatever is in the CRA’s file. This can be done by personal inspection, by telephone, or by requesting the CRA to send a copy of the file via certified mail. California applicants/employees must also be advised of their right to bring someone else along to the inspection and the ground rules if they do.

---------------------------


The issue is, the company I have been staffed at for the past 3 months wants to bring me on full time but they want to do a background check on me and said that my misdemeanor will be an issue. I am frustrated with the staffing company because they failed let the company know of this and now ill be out of a job.


Do I have a case?

 

[FlyingRon]

First off, I'm confused. Are you applying for a job in Georgia or California?

The "check box" thing is only a California thing. The only thing they're federally required to do is provide the information as to which company they used IF they don't hire you.

 

[toribowl]

This is for California, Job is in California... the background check they sent to me said Georgia.

 

[CdwJava]

Or, another thought ... are you assigned to this company via a TEMP agency? Or, are you a direct part time employee employed by the company itself?

The company may have had a lower tolerance for part time, temporary employees or contractors (temps). They may have a policy against hiring payrolled staff convicted of misdemeanors.

More than likely it will depend upon the nature of the misdemeanor, not necessarily the fact that you have one. You can always make an appointment with HR if you feel comfortable enough to do so.

 

[FlyingRon]

But they're still obliged to obey California law. If they are using background checks, they should have had the checkbox. He is entitled to the employer providing him the copy of the check rather than him having to obtain it himself.

 

[CdwJava]

I've never seen a CA background that requires the employer provide a copy of the background check. They DO have a requirement to provide a copy of the credit report, but I have never heard of one for the background. I know that's not the case for public sector employment.

According to this, the option of a copy of a background report is only required if the employer is doing the background itself.

http://www.calaborlaw.com/background-checks-what-are-my-rights/

 

[toribowl]

Ron is correct. California is one of the few states that require it.

Read below.

Before A Report Is Requested From An Agency:

In a document that is separate from any other document (except the written authorization), provide the applicant/employee:
A clear and conspicuous written disclosure that an investigative consumer report may be obtained for employment purposes and that the report may include information on his/her "character, general reputation, personal characteristics, and mode of living."
The name, address, telephone number, and web site address of the agency.
NOTE: The agency's web site must include a statement regarding the agency's privacy practices. That statement must indicate whether the consumer’s personal information will be transferred to third-parties outside of the USA or its territories.
The nature and scope of the requested report. If an employer requests a credit report, the notice needs to inform the person that a credit report will be used and identify the specific basis under subdivision (a) of Section 1024.5 of the Labor Code for use of the report.

What they violated.

A checkbox by which the applicant/employee may indicate that he/she wishes to receive a copy of any report that is prepared.
A summary of the applicant’s/employee’s rights (under CA ICRA) to view any files the agency maintains on him/her.
The employer must provide a summary of the applicant’s/employee’s rights (FCRA version) to the applicant.


The employer must obtain written authorization from the applicant/employee.
If the background check involves medical information (e.g. a workers comp history), the consumer must provide specific written consent and the medical information must be relevant.
Before requesting a report, the employer is required to certify to the agency that:
The employer has followed and will follow all of the above disclosure, authorization, and copy distribution requirements.
The information obtained will not be used in violation of any federal or state equal opportunity law or regulation.
The information will only be used for employment purposes.

 

[toribowl]

Under the CA ICRA, any user of information that fails to comply with any requirement of the CA ICRA is liable to the consumer who is the subject of the report for actual damages or $10,000 (whichever is greater) plus costs and attorney's fees. Also, if the court determines that the violation was grossly negligent or willful, the employer may be liable for punitive damages.

just saw this.

 

[CdwJava]

That involves only the credit report, not the whole background. You are free to pursue that if you wish and you do not get a copy of the FCRA report. Your call.

A background typically involves a lot more than a credit check.

Oh, yeah ... I conduct law enforcement background investigations, and have done so for 15 years. While the private sector involves some different rules, the only statutes I can locate that discuss this have to do with credit reports and NOT the content of the background investigation itself.

 

[FlyingRon]

Nope, it's more than just the credit report information. While it is couched in the terms of a CONSUMER investigation, the CCP defines the information covered by the law to include all information gleaned by investgative agencies that are not the government itself. So if the employer calls up the FBI or the State Police or whomever and gets the criminal history, that's one thing. If they call up Intellicorp or some place like that, then those results are required to be presented to the applicant on a "checkbox" requiest.

 

[CdwJava]

You have a code section that applies? Everything I have read refers to CREDIT reports and not to info such as references, past employers, etc. And that which I read that DOES apply, applies only if the employer does their own background, not if they contract out. I'm willing to admit it exists for the civilian world, I just can't find any code section that states that.

 

[toribowl]

This is the only documentation I received. signed and sent back.

Copy and paste into browser to view. I don't know how to make it a hyperlink

http://i.imgur.com/SE0JbRe.jpg

 

[toribowl]

Hello tori, please send the background waiver above back ASAP to me- scan or fax it.

Congratulations on your new position with ******** as a W2 Consultant! As part of the onboarding process with *********, you will soon receive two emails from *****@*****.com with information on how to login to *****. One will contain your username and the other will contain your password.

***** is where you will complete your onboarding requirements. Included in this email is your background screening waiver (Please send the waiver back to me ASAP) and your Exhibit A.
Please fill out the Exhibit A completely and upload it into ***** when prompted to do so.

 

[toribowl]

CDWJava look at "CA ICRA" it has a list of requirements that each employer has to do if they use a 3rd party.

"CA Civil Code (Consumer Credit Reporting Agencies Act) 1785.20.5. –
Disclosure – Copy of Report
Prior to requesting a consumer credit report for employment purposes, the user
of the report shall provide written notice to the person involved. The notice
shall inform the person that a report will be used and the source of the report,
and shall contain a box that the person may check off to receive a copy of the
credit report. If the consumer indicates that he or she wishes to receive a copy
of the report, the user shall request that a copy be provided to the person when
the user requests its copy from the credit reporting agency. The report to the
user and to the subject person shall be provided contemporaneously and at no
charge to the subject person."

 

[CdwJava]

I still see "credit report" and NOT anything that requires the applicant be provided a copy of any background report. Even in a law enforcement background, we have to offer the credit report to an applicant. No other part is available for review.

As I said, the private sector may have some such requirement. The only indication of this I have seen is that it appears that if a potential employer does a "background" in-house, they may be required to provide a copy of such. But, as this is contracted out (and most do, probably for that reason), then they do not appear to be so required.

If you did not have an option to receive your credit report and really wanted it, well, you can complain about that if you choose. I'm not sure it's worth suing over, but, that's your call.