By "Reference" Do Hiring Companies Mean Also Credit/Criminal Checks

My question involves labor and employment law for the state of: Pennsylvania

Good day, all. My question is this, by "reference" could a hiring company mean background and/or credit checks as well as reference(s) from former supervisors?

After a 3-month process (the position was available, then frozen, then available again), INCLUDING, as I was told by the person I was to assist, background and credit checks, I was offered an office support position at a local 2-year college. This position was offered to me over the phone, by the person to whom I was to assist, with several back-up emails (one notifying me that I should receive a letter of employment from HR and one requesting my acceptance of the changed hours I was to work). I was to start the job on May 21, 2012 but was sent several emails on the Thursday prior. In the first email, someone from HR stated that they tried to reach me but could not. I replied to this email stating that I was away visiting my mother at the hospital but would call first thing Friday morning. After sending that reply, I opened the second email (which they sent shortly after the one I replied to). In that message, they stated again that they tried to reach me but could not. The second paragraph, however, read: "As you are aware, employment with XYZ College is contingent upon successful completion of reference checks..." In short, they went on to say that the offer of employment was being rescinded. I phoned the college numerous time on Friday until I recalled it would be closed on Fridays during the spring/summer. On Monday, my scheduled first day of employment with the college, I received an email from the HR person who tried to contact me the Thursday prior. In it she told me that the offer was rescinded due to a reference they received. I explained to her that the party I was to assist at the college had been in contact with me on several occasions after having spoke with several of my past supervisors/places of employment (especially my last) - and he told me "they all came back good." (NOTE: The HR department of the college even had me call an outside agency to give them the phone numbers of other references. It seemed to me that too many hands were involved in the background check process.) I asked her if she could tell me what reference she was referring to so that I might address it (see Temp agency I worked three months for below), but her email reply only stated that XYZ college had the right to NOT disclose that information to me. I am afraid it could be one of two things: 1) a temporary agency I worked three months for may have given me a bad reference due to me not accepting to stay with their client company, despite my staying on until they found a permanent person, or 2) A simple assault charge from 2009 on my criminal background report which was always listed as "withdrawn/dismissed." After petitioning with the court, however, I was granted an expungement in late-April/early-May, but I don't know if that has taken effect yet as it still show up in some of the criminal background check companies listed on the Internet.

Hence, after being unemployed for two years, now, I am extremely frustrated because I missed out on another job by accepting the college's job offer. I am an office support person who, in addition to having over 20 years' experience, type well over 70 wpm and rank in the top 97th percentile in tests related to operation of computer software programs. Yet, in addition to the college above that rescinded their offer of employment to me, it seems like even agencies want nothing to do with me. I'd like to have an idea of what's going on. HELP!

By "references" a hiring company can mean checking dates of employment with your last employer, doing a full-scale background check that included credit, criminal, DMV and educational checks, or anything in between. No employer is required by law to tell you what was in the specific references UNLESS it would fall under the FCRA. In fact, I know of at least one state where the employer was and possibly still is prohibited by law from telling you what is in the specific references they receive.

Beyond that, I don't know what to tell you.

I learned many MANY years ago as a hiring person to ACTUALLY CALL the references on the application/resume. I skipped it on a few hires early on and I regretted it. It's amazing how many people put down references or former employers that wouldn't given them flattering reviews. I had a phone call come into my office one time:

RECRUITER: Hi, this is Mary Smith, HR at BigCo. Mr. Lee gave you as a reference.
ME: Oh, he did, did he?
RECRUITER: I take it you were unaware of that.
ME: Yes.
RECRUITER: Would you like to give him a reference.
ME: It would probably be better for him if I didn't.
RECRUITER: I understand.

I don't know if he got the job. I was actually on my way in to fire him when I found out he'd already quit that morning.

Thank you very much for your reply. In my case, I suspect I received a bad reference from the temp agency. I did not list them as a reference, but i guess the college checked them out because they were listed on my resume. My last employer (2004-2010) gave me a good reference and two of my previous positions were about 10 years apart, so the only thing they could verify was dates of employment because my supervisors have since moved on to positions at other organizations.

It's confusing as I've read several places where the potential employer had to (if asked by the applicant) state where the reference came from. In the case of a company giving a negative reference out of retaliation, it's unfair to the applicant as they have no opportunity to address it.

If, and only if, an employer makes a negative hiring decision based on a credit or criminal report that has been run by a third party, they have to state where the reference came from. They are not required to provide that information if it comes from other sources than credit or criminal report, and they do not even have to provide it from those sources if they conducted the check themselves instead of having an agency do it.

Hi. Thanks for your reply. I have over eight letters of recommendation from former supervisors (top-ranking people in the companies I worked for). I am "old school" and would ask for one whenever a supervisor was leaving the department or organization. However, these "letters" are over 10 years old. Besides, I suspect companies want more recent, up-to-date references on a potential employee. Again, I was told that all were "good" with the exception of one, which came in at the 11th hour and was probably from the disgruntled temporary agency.

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Hi, cbg.

Thank you very much for your reply. As stated in my post, the HR Department gave me the name and number of a reference checking company with instructions to call and provide them with numbers for several references. I did so.

Letters are next to no good these days. In this day of laser printers and scanners, they are too easy to forge.

It does sound as if it was from the temp agency. If so, since the information did not come from a credit or criminal report, the employer is under no obligation to tell you anything about it, regardless of who provided the information.

Broken down:

If the employer does the check themselves, they have no obligation to tell you anything at all.

If a third party does the check, then if you are turned down because of your CREDIT or your CRIMINAL RECORD, they have to tell you that. If it's for any other reason, including prior employers, they don't have to tell you squat.

Thank you very much.

If that's the case (the temp agency) what can I do with no proof?

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Also, my letters are all original, on original letterhead. But, again, they are 10 years old!

Do about what? No one did anything illegal. If the temp agency was disgruntled by your leaving or they way you left, they are entitled to say so.

cbg,

You mentioned credit or criminal. How do I find out if the simple assault:withdrawn on my credit report was the reason the offer was rescinded if the college will not disclose it to me.

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IF the negative reference was given from the agency out of retaliation, it seems as though they are being illegal. After almost being robbed, at knife-point, I gave the agency notice that I would no longer be able to work at said location. Thanks to my husband accompanying me to the bus station, and meeting me there after work to accompany me home, I still stayed with their client company until a replacement was found. And all I deserve is a messed-up reference? Pitiful!

Simple answer - you don't. You trust that the law is being followed and that IF the job was rescinded due to something on your credit or criminal records, the college would follow the law and say so. You don't jump to the conclusion that the college is acting illegally because they won't give you what you want - i.e., an answer that in the very large majority of cases, they are not required to give you.

You are mis-using or mis-interpreting what is meant by retaliation. If the temp agency gave you a negative reference because you reneged on a job (for whatever reason) that is NOT illegal retaliation under anyone's definition.

I think you need to get your head around the fact that this job is gone, that you are not going to be given a reason why, that the law does not require that you be given a reason, and move on. I know it's disappointing; I know it's frustrating. But continuing to beat your head against the wall is not going to do anything but give you a headache.