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This topic comprises 2 pages: 1 2
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Topic: Curious policy question regarding background checks
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Jason Black
Phenomenal Film Handler
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Posts: 1723
From: Myrtle Beach, SC, USA
Registered: Nov 2000
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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.
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Randy Stankey
Film God
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Posts: 6539
From: Erie, Pennsylvania
Registered: Jun 99
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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.
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