Legal Question in Discrimination Law in Alabama

employment

is it ok for an employer to pull your credit record even after being there for 2 years?don't they have to have permission from me?


Asked on 9/18/06, 6:33 am

1 Answer from Attorneys

Sterling DeRamus Sterling L. DeRamus, Attorney at Law

Re: employment

It's not exactly clear from your post whether they would have such a right or not. There is no general right to pull credit reports, but if the reason is valid, then it is not an issue. Banks for example do it routinely because of concerns over money handling (people with bad credit sometimes resort to illegal means to pay).

But regardless, if there is anything negative on your credit report and you are denied any benefit as a result, they are required to notify you of such adverse information and give you an opportunity to challenge it. Failure to do so can result in a lawsuit against them under the FCRA.

If they are not using your credit report for an authorized reason, then that too could give you a lawsuit against them and damages.

Of course, it would be best (for the lawsuit that is) if you were terminated as a result of your credit report being false (and about 2/3 of them have errors). Then you'd have some serious damages.

You have a right to check and see if anyone has accessed your credit report through your yearly free credit report. Demand it from the credit agencies and find out exactly why the pulled your credit report.

Good luck, and if you have any other questions, send me an email at [email protected]

I'll be happy to help in anyway that I can!

Sterling L. DeRamus, Attorney at Law

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Answered on 9/18/06, 3:04 pm


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