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terminatedone

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

if i apply for a job and the company indicates they are doing an employment background check, who is a company that they use? is there a way of finding out what is listed in that information? i previously sued a former company for violation of the FMLA act and the former company settled. I do not want that information showing up. also, if a company indicates that you did not get a job and that it was given to another canidate, but it is still being advertised on their web site as not filled. is it possible that it could be age discrimination on hiring since i am 50yrs old?
 


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ecmst12

Senior Member
Lawsuits are public record, that's not TYPICALLY what employers look for on a background check but they could find it. Also if they call your former employer for a reference, they could be told about it.

Just because you are over 40 does not mean anyone who doesn't hire you is automatically guilty of age discrimination. Maybe they just didn't like you.
 
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terminatedone

Member
where would i find the information out on my law suit from a year ago? do i just do a google search? this was in federal and the company settled before we went to trial.
 
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pattytx

Senior Member
Plus, it often takes time to get a job posting removed from a web site, especially if it's a site like Monster or Careerbuilder. Happens all the time.
 
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terminatedone

Member
i just want to see what it states. it doesnt hurt to see what is out there on yourself is it? just like you want to see what is out there on your credit report too! actually the job posting is on the companies own web site and not a public one like monster or careerbuilder.
 
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antrc170

Member
The company is free to look up whatever public information is available. If the company decides not to hire you, they can leave the position open for another round of interviews. Or they can hire one person, but decided they'd like another. As far as age, unless you can show some proof that you didn't recieve the position because of your age there is nothing you can do about that.
 
cbg

cbg

I'm a Northern Girl
There are hundreds of companies that do background checks. There is no possible way of telling which company any given employer would use; nor what they would look for. Typically employers do NOT go looking to see if you've filed any lawsuits; however, that information is public record, as you have been told, and they can see it if they want to unless the court has specifically,and previously, ordered otherwise.

You would need some kind of evidence that you were not hired specifically because of your age for an age discrimination claim. It is not clear whether you simply sent in an application or if you actually interviewed for the job; if the former, how would they know you were over 40? And if the latter, what evidence do you have that but for your age, you would definitely have been hired?
 
H

Hot Topic

Senior Member
If you're smart, you won't include your age in your resume.

Someone could accept a job, then change their mind. An employer could be slow in removing an ad. Unlikely as it seems these days, an employer might not find a person with the skills needed for the job.

And I've interviewed at offices where the employer didn't include that they wanted someone with Pie Sitting 101 skills in the ad, wasting my time and theirs.
 
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