Question: I have been unemployed for more than a year and a half and have been diligently searching for a job, even retraining in a different area.
I took a medical billing course to reinvent myself after doing basic clerical work my whole life. But I haven't been able to find a job because employers want at least two years of experience.
Recently I hit a different kind of obstacle, and I am wondering if it is legal. Some Internet job postings require not only a resume but a credit report. Granted, a credit report may give a company some insight into a prospective hire's background, but so would a good background check.
In this age of rampant identity theft, I don't feel it's prudent to comply with such a request, especially from a faceless Internet company. Is it legal for a company to require a credit report before offering someone a job, and how should I respond to such requests?
Answer: Yes, the company can require job applicants to submit credit reports, said employment attorney Troy L. Kessler of Misiano Shulman Capetola & Kessler Llp in Melville, N.Y. But the company can also use that credit report against you.
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For the unemployed, a credit report request can create a classic Catch-22.
"The Catch-22 is that (the reader) is unemployed and I would assume that her credit may be deteriorating since she is unemployed," he said. "The longer she remains unemployed, the worse her credit will get. It is potentially a vicious cycle."
But here are the details, and they aren't all bad news.
The Fair Credit Reporting Act allows employers to use credit reports when making hiring decisions, as well as when making decisions about promotion and retention, Kessler said.
An employer can lawfully refuse to consider a job applicant if he or she refuses to authorize a credit report, he said. And an employer can lawfully refuse to hire an applicant based upon what the company discovers in a credit report.
But the law requires some accountability on the employer's part.
If a prospective employer rejects an applicant because of a credit report, Kessler said, the employer is required to provide the following:
1. The name of the credit reporting agency,
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2. A statement that the credit reporting agency did not make the hiring decision but provided information only
3. A statement that the applicant has 60 days to contest the findings with the credit reporting agency.
The latter gives you some flexibility, at least. While you may have to agree to a credit report, you can also contest any inaccuracies.
Q: I am a part-time worker and receive 21 biweekly checks. I work from September to the end of June. The union dues deducted include the five pay periods, or 10 weeks, we don't work during the summer. Since we get just 21 paychecks, the union increases our payments to cover those five pay periods. If we don't work for the 10 weeks, why are we paying dues for that time period?
A: This is most likely a contractual issue, so your best bet would be to see whether your collective bargaining agreement allows the union to take out dues for periods you're not working, said lawyer Jeffrey Schlossberg, of Ruskin Moscou Faltischek in Uniondale, N.Y.
"The employee should review the collective bargaining agreement in place and see if the union is authorized to spread out the total annual dues," he said. "If not, the writer should check with the union representative."
