Pre-Employment Credit Check?

[eorl]

Hi Lawyers...Please HELP!
Needing some help please. I recently received a job offer for a Practice Management position after 3 months, 6 interviews and 5 references were provided. I was scheduled to sign contracts this week to begin working next Monday. However, the employer in a last minute turn of events, asked the recruiter to run an employment background check and credit check on me. The recruitment agency contacted me via phone and left a voice message asking for my consent to run these reports. I responded through email saying to go ahead but that I had a prior bankruptcy that occurred in 2005 that I felt sure would be an issue for the employer. The recruitment agency then called me to ask me if I was interested in divulging any details about this as they also felt sure she would "freak out" and have questions. I explained in brief that it was due to medical bills and opted to say no more.
I then spoke to my HR guru friend who told me that the law states any credit check has to be requested via a signed consent form. I quickly called the recruiter back to halt the process as I was also advised to not do it as these things are often very sketchy and not relevant. By the time I called to stop the process and state this was highly suspect, it was too late. The reports were run and the results related to the employer via a phone call. They assured me in a written letterhead document that no hard copy was sent to the employer nor had they kept the documents on file as they were not obtained legally and correctly.
As expected, the employer now is very upset by the bankruptcy. She feels she cannot trust her 2.5 million dollar practice to person with such a questionable history. That would be me. Yes, I'm furious and very very hurt. My background check is perfect..not so much as a speeding ticket. I've never been arrested, have felony convictions, etc. Nothing. Further, as previously stated, I have endured a marathon of 6 interviews and provided 5, yes 5 references..all stellar. She now wants to hold off on any decisions of employment pending some questions she now wants to ask me regarding the bankruptcy.
I am angry and feel discriminated against. First off, I understand that the collection of this data was not legally obtained. Further, I also know that asking me personal questions of this magnitude is also walking a thin line of legal correctness. If you can't ask a potential employer if they are married or have kids, then how can you pry into their personal financial history and make that person justify themselves?
My question is obvious I guess: Do I have a legal case? And should the employer opt to forgo employment with me even though an offer was presented to and accepted by me, is this more of a case for discrimination?
Thank you !!!!

[wardell]

I am not a lawyer, but if this company is so perfect....you would be "bonded". A bond would keep the company safe and your past bankruptcy shouldn't have anything to do with it unless you are "touching" the 2.5 million. If you are a cashier in a casino they might have difficulty in the process. (You didn't give much detail in what you would be doing)
Look elsewhere for work. Sounds like you have a good head on your shoulders and should move on. If the company starts out like this...what advancement opportunities do you see yourself getting? They would always be looking at you or you looking at them.

I re read and edited....you said you accepted the job....then re read what I wrote....what kind of career advancement do you see yourself getting now? Hope you made the right choice.

[sampson]

I agree with you totally. But that is what they are doing now especially since jobs are very hard to come by. Yeah you got a point about not being about to ask personal questions about marriage and kids. To me I don't see what ones credit history has to do with your job. A lot of people feel if you are not responsible financially you wont be at work. That is like saying you have kids by several different people and never got married so you aren't a responsible person. Now what if companies started doing personal life background checks. A lot of people would really be out of work.

[winwood]

Yes there should have been a signed release. So yes they were technically in violation using just a verbal authorization. BUT if you ever filled out any sort of application with either the employer or the agency it wouldn't surprise me if the authorization wasn't stuck in there some where.

But they are going to use your verbal authorization as a defense and since you can't prove any damages (I'll get to that in a moment) you aren't going to make any money out of it.

Why you have no damages. You weren't going to be given the job had you refused to sign the authorization for a credit check. So the fact that you were not hired because of your credit history has not been changed.

Having a bad credit history is not a protected class. So they can legally discriminate against your based on it.

Finally, if you put up too much of a huff about this that agency will NOT every look for you a job again. Yes they made a mistake but you TOLD them it was OK to pull your credit history and you told them about the bankruptcy history.