I was reading a bit about your knowledge related to employment background checks.
If I sued an employer, would this come up in a background check?
I believe, from struggles I had that myself seeking employment, that I may have been possibly discriminated against by the mere legal Right & “freedom I had” to sue based on past employment violations.
My question to you is, am I alone? This information made public& is a background check in its own Right, & creates a certain barrier by this burden.
I hope my question is not to “legal like,” but also by way of requesting a response to that possible employer why I was NOT hired what I should be asking for to reinforce this possible theory of mine?
The insight will be very helpful and a strategy as if I can do something to better my chances in this Covid 19 reality.
First of all, a reality check. There may be a zillion people hiring out there, but it doesn’t matter if they aren’t hiring for what you do. Anyone can walk in off the street and get a restaurant job these days, but if you’re looking for a job as a senior marketing specialist, it’s going to be a bit of a struggle. So, don’t panic.
Second, reality check, people aren’t doing background checks before they interview you. No one has that type of extra time.
Third, unless you worked in a small industry and had a spectacular blow-up at your employer that you sued, there isn’t a blacklist. (Some small industries or small towns certainly can be impossible to get back into if you gained a bad reputation. But this isn’t because HR keeps a list.)
Fourth, you would know that the background check was causing the problems if you were getting offers that were then yanked after the background check. (Most companies do background checks after the offer, with the offer contingent on the background check.)
So, to be clear, I don’t think your past lawsuit (whatever it may be) is causing difficulty in gaining a job. But to be sure, I conducted a completely unscientific survey of the HR people at the Evil HR Lady Facebook group.
This is unscientific because people have to
- Opt into the group
- Opt into the survey
- And I don’t for a minute believe that people who join a group of HR people online that is focused on making HR the best it can contain a representative sample of all HR people. I think our group is considerably above average as far as HR people are concerned.
And here’s what I learned
- Almost everyone does criminal background checks
- About half do a pass/fail drug test
- A little less than half do a degree and previous job verification
- About 20 percent do reference checks with former managers/coworkers.
- Out of the 1500 people who saw the survey, only three said they ever receive any information about previous lawsuits.
So, while it’s possible that someone, somewhere, is looking at your lawsuits, it’s a rare thing.
Yes, recruiters google people. So, if you have a unique name. It’s more likely that they will find out. I did Google you, and yes, your lawsuit is the first thing that pops up under your name. (I presume it’s you!) There are no sordid details, though, just that your case was dismissed. Also, it was five years ago.
This isn’t preventing you from working. It could be your resume. It could be your interview skills. If you’ve been out of work since this case, it could be the employment gap, but it’s not likely to be your lawsuit.