As an employee or job seeker, you may be concerned about the type of information that future employers can find out about you from the use of background checks. While it is possible for employers to be able to access such information, there are laws in place to limit how and when third parties can access this type of information about you.
The Fair Credit Reporting Act (FCRA) is a law that protects employees from having their personal information exposed without their permission. In recent years, there have been amendments to this act, and it is important for you to also know about what these amendments mean for you.
Written notice about background checks
The employer in question is legally required to give written notice in advance that they intend to obtain a consumer background report. In this written notice, they must provide details about the agency that will be conducting the report. This information should include the name and address of the credit reporting agency. Before the employer can obtain this report, they must get written permission from the job applicant. This is a vital point, because in theory, any consumer report that is obtained without written permission is obtained unlawfully.
It is important to note that if you earn less than $75,000 per year, any criminal background information about you will not be reported after seven years of the incident.
It is important to take action if you believe that you have been a victim of unfair credit reporting in the state of Minnesota. By promptly responding, you can can ensure that your right to legal redress is protected.