In California, an employment background check is called an “investigative consumer report” (ICR). Your rights and an employer’s obligations are included in the Investigative Consumer Reporting Agencies Act (ICRAA). (CA Civil Code §1786).

What shows up on an investigative consumer report?

An “investigative consumer report” is “a consumer report or portion thereof in which information on a consumer’s character, general reputation, personal characteristics, or mode of living is obtained through personal interviews with neighbors, friends, or associates of the consumer reported on or with others with whom …

What does a consumer report for employment show?

A consumer report contains information about your personal and credit characteristics, character, general reputation, and lifestyle. Some employers only want an applicant’s or employee’s credit payment records; others want driving records and criminal histories.

Do I want a copy of my consumer report?

Most consumers know that they should check each of their credit reports from the big three credit reporting agencies, Experian, Equifax, and TransUnion once a year. Under the FCRA, consumer reporting agencies (CRAs) must give you a copy of your report if you request it.

How far back does an investigative consumer report go?

Some important points about this information are outlined below. Employers should be aware that California law generally limits an investigative consumer report inquiry regarding public records to the past seven years (10 years for bankruptcy filings).

What is not included in an investigative consumer report?

The term does not include a consumer report or other compilation of information that is limited to specific factual information relating to a consumer’s credit record or manner of obtaining credit obtained directly from a creditor of the consumer or from a consumer reporting agency when that information was obtained …

Can a company check your employment history for defamation?

It all depends on the company, but many employers have a company policy of not sharing the details of your job performance. Because of defamation laws, many companies will tread lightly when providing information for a background check. Note that these laws typically cover slander or libel.

Can a job application ask if you have been fired?

Some employment applications ask you to provide a reason for leaving your current employer, for example, and some employers specifically ask whether you have ever been terminated from a job. Truthfulness in answering these questions is critical.

Can a termination from a previous job show up on a background check?

Termination from a previous job is unlikely to show up on a routine background check but if an employer asks you to provide a reason for leaving a previous employer, you must tell him. Why Do Employers Use Background Checks?

What should I do if I have a termination in my work history?

If a termination in your work history was a high-profile one, an investigator who peruses news articles and other publicly available information might uncover the reason for the termination. A high-profile termination might involve criminal action or a serious ethics violation. Should I Make a Full Disclosure?