Conditional Job Offer Rescinded due to Bad Credit History

[Rajan81]

So I got the conditional offer from this big company for a full time IT job, contingency upon background checking. With nothing to hide, I said "go ahead". To my surprise, 10 days later the job offer was revoked. They gave me a consumer's report. I did not see anything negative there except that, perhaps, my credit was not that great and that I had a foreclosure 2 years ago. Could those be valid reasons to rescind the job offer? That's so unfair. The foreclosure was due to financial crisis. I was out of job and no money to pay for the mortgage. So I just walked away.

What're the options do I have now? Can I sue the company for discrimination? Please help…

[LeslieDiceExpert]

Dear Rajan81,

The EEOC has been considering a separate enforcement guidance regarding employers' use of credit histories as part of background checks. But currently, employers can consider your credit information when making hiring decisions. However, it's only one piece in a puzzle and employers should only turn down candidates who will have access to financial data or credit card information. You may need to move on if the position will give you access to sensitive financial data but, certainly you can appeal their decision by explaining your side of the story.

Good luck.

[bg6638]

I worked for a firm which considered the receipt of a wage garnishment notice and/or the notice of an employee filing for personal bankruptcy to be grounds for immediate dismissal ........................... It was the employer's feeling that if an employee couldn't handle their personal finances, that they also couldn't handle on the job responsibilities either!

[0xFFFFFFFF]

That's a wowser.

Even five years ago, just a low credit score, which a foreclosure would entail, might kill an offer.

But TODAY there are so MANY foreclosures that that alone, no matter how low it drives your FICO, should hardly matter.

I wonder, if you'd want to go this way, if telling your story to the local news station might not be something to try!

[marsansin]

Every job I have had as a contractor/consultant for the past ten years came with the caveat that a bad credit score could mean the job offer would would be rescinded. That's banks, healthcare, government entities, everything. With so many applicants, the employers can pick and choose and use whatever LEGAL criteria that want to eliminate a candidate.

[G-Man]

That is an unfortunate trend that has occurred across the country. I wish I could say something good about it.

If you had told them about the bankruptcy prior to them doing the background check would that have made a difference?

[LeslieDiceExpert]

Dear bg6638,

Sounds like a plaintiff attorney's dream to me. Its one thing to turn down a candidate but to use bankruptcy or garnishment as grounds to fire a current employee....I'm not so sure about that.

Good luck.