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Author Topic: Curious policy question regarding background checks Jason Black Phenomenal Film Handler Posts: 1723 From: Myrtle Beach, SC, USA Registered: Nov 2000 posted 07-15-2004 11:05 PM                        Out of sheer curiosity, You have worked for a company for xx years (10+). A new policy is created requiring background checks, including financial records checks. 1) Do you question why you're being asked to sign a disclosure form and suffer the consequences? 2) Seek a legal opinion indicating to the attorney why you feel like it is unwarranted and unnecessary to authorize the disclosure, primarily into your financial records after xx (10+) years of service within the company? 3) Fill it out and not think twice about it? My question to you all: What would YOU do and why, briefly stated?  |  IP: Logged Andrew Shingleton Film Handler Posts: 63 From: Richmond, Victoria, Australia Registered: Feb 2004 posted 07-15-2004 11:32 PM                     I'd do some sniffing around and try to find out what kind of information they're actually trying to discover about people. What or who are they planning to catch from these checks? Then do more sniffing and find out what the consequences of not signing would be, and don't sign if the consequences are insignificant. I think it's quite rude to demand that sort of info about any current employees at all - they've already hired you so why suddenly check now? And it's even more rude after 10 years. Perhaps if you've got nothing to hide you should refuse to sign the form, but say you'll be more than happy to volunteer any info which they require if you deem it to be reasonable. That way they're still doing the checks or whatever, but you maintain some form of control and make a stance that you think they're policy of checking is a bit wrong. A legal opinion would be good too if you have access to one without spending a fortune.  |  IP: Logged Adam Martin I'm not even gonna point out the irony. Posts: 3686 From: Dallas, TX Registered: Nov 2000 posted 07-16-2004 01:44 AM                     I don't see any reason why they should want this information once someone has been hired (much less been employed for 10 years). Even if they found something they didn't like, they have no grounds at all to fire someone based solely on the results of a background check, unless they find that you lied on your application. Unless you're an at-will employee. Even then, they open themselves to a huge lawsuit (which they're probably doing anyway).  |  IP: Logged Joe Redifer You need a beating today Posts: 12859 From: Denver, Colorado Registered: May 99 posted 07-16-2004 01:55 AM                        Why would there be consequenses to suffer if you asked why you were signing it? Any company that gets angry with employees for asking a simple question pertaining to their job is evil and are run by terrorists.  |  IP: Logged Dennis Benjamin Phenomenal Film Handler Posts: 1445 From: Denton, MD Registered: Feb 2002 posted 07-16-2004 02:08 AM                        We just went through this at our company. I have had background checks done at almost every company I have worked for. I was surprised that it took so long for my current company to realize the importance of background checks. There is nothing illegal about asking a current employee to fill out a background check authorization. You can refuse to sign it, and your company cannot let you go for the refusal. They cannot let you go if they find out your an ex-con. They can, however, probably find a million other reasons to let you go if they find out you have a criminal background. Oh yeah, and theres that "At Will" employement thing too.....  |  IP: Logged Dustin Mitchell Phenomenal Film Handler Posts: 1865 From: Mondovi, WI, USA Registered: Mar 2000 posted 07-16-2004 02:17 AM                     Background checks I have no problem with. Credit checks on the other hand.... Jason, WTF? I thought it was 5 and not and 10 and I also thought....well, I won't say. Email me if I don't email you first. Some pretty f*cked up things going on right now, don't you think?  |  IP: Logged Scott Norwood Film God Posts: 8146 From: Boston, MA. USA (1774.21 miles northeast of Dallas) Registered: Jun 99 posted 07-16-2004 05:01 AM                        If you a) have nothing to hide and b) aren't too worried about being fired, I'd refuse to sign (or "accidentally" lose the form or "forget" to sign it). It's ridiculous for a current employee and credit checks are ridiculous for anyone who isn't applying for credit. Any company that wants my credit information (which is excellent) for a non-credit reason is slimy and not a place where I would want to work. I suspect that asking a lawyer for an opinion would be a waste of money. If you desperately need the job, I'd make a few inquiries and probably then bend over and sign the thing. This sort of crap is becoming increasingly common primarily because people don't seem to get upset when asked to sign authorization forms.  |  IP: Logged R. Andrew Diercks Expert Film Handler Posts: 232 From: Marion, Iowa (In the middle of everywhere) Registered: May 2003 posted 07-16-2004 11:56 AM                     I could see starting a company policy that pertains to new employees, but I highly doubt they can demand this of current employees. Most employees have little courage to refuse, so they will get signed. I can't see any reason for a credit check unless there is suspicion of theft, and it would be part of an investigation. That would be court ordered though.  |  IP: Logged Christopher Duvall Jedi Master Film Handler Posts: 500 From: Denver, CO Registered: Dec 1999 posted 07-17-2004 02:39 AM                     They want to know if you will be a financial risk. If you owe more than you make, "you" could have the potential to steal. That is the thinking behind it.  |  IP: Logged Andrew Shingleton Film Handler Posts: 63 From: Richmond, Victoria, Australia Registered: Feb 2004 posted 07-17-2004 05:00 AM                     If that's their thinking then I'd be looking for a new job quick smart. Is that kind of culture common in the states, or is this an extreme example? I'd hate to work for a company that assumes I'm potentially a criminal unless I can prove otherwise.  |  IP: Logged Christopher Duvall Jedi Master Film Handler Posts: 500 From: Denver, CO Registered: Dec 1999 posted 07-17-2004 05:53 AM                     Unfortunately that is becoming the norm here in the states. Ususally, it is done as a screening BEFORE hiring to keep the potential thiefs out and cut down on turnover. If employers are doing it to current employees, especially ones that have been on for sometime, it just screams to me of paranoia. Jason, has there been ALOT of terminations lately or job postings within your company?  |  IP: Logged Gordon McLeod Film God Posts: 9532 From: Toronto Ontario Canada Registered: Jun 99 posted 07-17-2004 08:10 AM                     To my knowledge in Ontario an employer or potential cannot ask for a credit check on an employee just like it is illegal to ask about a criminal record or labour religion or political affiliations also they must fikle a privacy statement with the prinacy comisioner as to what steps that are taken to prevent the disclousure of confidential information  |  IP: Logged Jason Black Phenomenal Film Handler Posts: 1723 From: Myrtle Beach, SC, USA Registered: Nov 2000 posted 07-17-2004 09:11 AM                        Chris, There have been very few changes in mid/upper level management in the last year or so. A policy was implemented last year whereby all new salaried positions required a background/financial check. I understand the reasoning behind checking new employees, but I have a hard time justifying long term employees being instructed to sign a financial disclosure. Paranoia or not, I don't see it as being legal, or as a condition of employment. The EEOC advises that if it is a new company policy then not allowing authorization could be grounds for dismissal. I'm in at 'At-Will' state anyway, so there really has to be no rhyme or reason at all behind a termination. I'm sorry, I believe in what I believe in, and to me, mandating a financial background check on any employee, whether it be in this industry or not, after xx years is simply not right.  |  IP: Logged Randy Stankey Film God Posts: 6539 From: Erie, Pennsylvania Registered: Jun 99 posted 07-19-2004 10:30 PM                     At Cinemark, the policy was to get background checks for promotions to management or to a higher level of management, such as promotion from local theater to corporate level. Now, if logic holds true, one might infer that somebody may be considering you for a promotion. Why would somebody consider you for a position, get a background check on you but not tell you what they were up to? That doesn't make sense. As far as I understand it, any company can do a background check on their employees or potential employees and they don't need permission... up to a point. They can look up your driver's license to see if you have a safe driving record and to see that you really do live where you say you live. For instance, they can see if you have been suspended or had your license revoked but they can't see WHAT offences you may have committed. (Especially if you are in a job that requires driving on company time.) In some states, they can find out if you have a criminal record but they generally can't find out what's IN your record. Usually it's a True/False reply. (Essentially to see if you lied when they asked you that on your application questionaire.) They can talk to past employers to verify your work history... and... Depending on state regulations, they have varying ability to ask about your work history. They can hire an investigator if they want to. Whatever the investigator finds out about you is fair game as long as the information is considered "Public Record" or is something that anybody could have known if they tried to find out. (Looking you up in the phone book, City Direcory, internet and/or talking to people who know you.) Typically, they can't get your credit report or financial information without your permission, nor can they look into the contents of your criminal record without your permission. The thing that puzzles me the most is that all of this background checking your company is doing is labor intensive. Furthermore, it's probably costing them money to pull your credit report. If this is a company-wide policy, they are probably going to spend a chunk of change to implement it. Companies don't spend this kind of money without a reason. Either they're looking for something/somebody or they have you in mind for something. Personally, I would go along with it but I would have a talk with the general manager as to why they want the information. I wouldn't accept, "It's a company policy." for an answer. I would ask some question like, "Why is this a new policy?" I would probably ask the questions while I'm filling out the form (and reading the fine print) but save the signature till the end when I'm satisfied with the outcome of the discussion.  |  IP: Logged Dustin Mitchell Phenomenal Film Handler Posts: 1865 From: Mondovi, WI, USA Registered: Mar 2000 posted 07-19-2004 10:44 PM                     quote: Randy Stankey Companies don't spend this kind of money without a reason. Paranoia.  |  IP: Logged

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