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Steven Mitchell
Sack

The Employee’s Lawyer®

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Enforcing the workplace rights of thousands of employees, executives and sales reps for more than 44 years.

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Can My Employer Really Look at My Credit History?

When people think about what an employer might examine to evaluate their employees, they think of things like their resume or curriculum vitae, their references, their criminal background check or even how they dress. However, many employers now add an additional step to their employee evaluation process: a credit check. Most people may be surprised to discover an employer can do this, and they’re probably curious as to why.

An employee credit check is like other forms of credit checks, such as those done by banks deciding whether to issue a loan, or landlords deciding whether to lease an apartment to someone. The difference is that these are requested by an employer when they are looking to hire someone, or when they are considering someone for a promotion or raise. They contain a significant amount of financial information, including your debts (including things like credit card debt, mortgages or student loans), your history of payment (including any late payments), and any liens or other court judgments outstanding against you.

Employers most commonly request this information for jobs where an employee will be handling other people’s money or have control over some or all the company’s finances, or where the employee will be in a management position. The reason for this is simple: someone who has bad credit, perhaps as a result of substantial debt or unpaid bills, has a strong incentive to abuse their authority and steal from the company or from customers. Additionally, a history of late or unpaid bills could be interpreted as a sign of irresponsibility, or at least an inability to properly manage one’s finances. As time has gone on, however, more employers are using employee credit checks at all levels of their companies.

However, there are a few things to know about employee credit checks. First, an employee must always consent in writing to a credit check by a current or prospective employer, and they must be informed if their credit history is used against them. Second, they must be permitted to see what is in their own report and have a right to dispute any information in that report. Finally, any negative information older than seven years, or any bankruptcy older than ten years, must be removed from the report.

If you are seeking to dispute a use of a credit check by your employer, it is important that you seek the guidance of an experienced New York employment lawyer who can protect your legal rights and advocate on your behalf during the legal process. Steven Mitchell Sack, the Employee’s Lawyer, is a New York employment lawyer who has considerable experience in handling the many aspects of employment law. To schedule an appointment with New York City employment lawyer Steve Mitchell Sack, call (917) 371-8000.

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    I had a great experience working with Steven Sack during my recent job separation. He was incredibly professional, knowledgeable, and genuinely cared about achieving the best outcome for me. Thanks to his expertise, we were able to secure additional benefits beyond my original severance package, for which I am truly grateful. Steven guided me through the entire process with clear communication and support, making a challenging situation much easier. I highly recommend them to anyone in need of a dedicated and effective advocate!
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    Steve was amazing to work with. He is always available and follows up on email or phone calls immediately The process was fast and painless, and he helped me understand a number of things that I did not. I would recommend him highly, and he will be my sole source for employment law going forward. Thank You Steve!
    Steven was reliable, straightforward, empathetic, honest, dependable and pushed for what I asked for in my agreement with my employer. I thought his prices were reasonable. I felt like I was in good hands throughout a terrible work situation. Highly recommend his services!
    My experience with Steven Sack was similar to those that many others have had with him before. Honest, caring, communicative, and exceedingly knowledgeable. My legal troubles caused me a few sleepless nights and he was a Godsend in resolving my legal matter. He was my advocate through and through. If you are dealing with any issues regarding employment law, go to Steven!
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