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Old 06-27-2012, 01:44 PM
FBJ FBJ started this thread
 
Location: Tall Building down by the river
39,605 posts, read 59,025,740 times
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Quote:
Originally Posted by Kibbiekat View Post
How's that working for you so far?



Not true. I just had a background check done between the second interview and the offer.


Don't concern yourself with how it's working out I was just proving that some large employers don't ask for references during the online application process.
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Old 06-27-2012, 01:46 PM
 
Location: here
24,873 posts, read 36,176,449 times
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Quote:
Originally Posted by sinsativ View Post
Handbook for Employers
Instructions for Completing Form I-9
(Employment Eligibility Verification Form)
Your employer MAY NOT:
· Ask to see your employment authorization documents before he or she hires you or before you complete Form I-9.

Straight from the US Government website. Been audited twice and had this LAW read to me several times by Federal Employees.

So, Yes, is true. Or, wait, its the LEGAL way you are supposed to do it.

Familiarize yourself with the Fair Credit Reporting Act (FCRA), which regulates how you can perform an employment background check. Running a background check isn’t something you can simply do on a whim – you must get written, explicit approval from the job candidate before you go looking into their past.
Right. Which you give them when you provide your SSN and sign the form.
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Old 06-27-2012, 01:52 PM
 
Location: NW San Antonio
2,982 posts, read 9,836,992 times
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Quote:
Originally Posted by Kibbiekat View Post
This addresses providing your actual SS card so the employer can verify you can legally work in the US. It has nothing to do with a background check. I was not asked to show my card, but I was asked for the number at my first interview. Based on the number of complaints in this forum about being asked for a SSN on an application, I'd say it is perfectly legal. Govt agencies and corporations have lawyers to make sure what they are doing is legal. they can't all be totally uninformed.
Had it on the application, was told because of the before referenced quote from the US Governments regulations regarding filling out the I-9, that an employer may not ask for that documentation, ie, Social Security Number/Card, ID or Driver's license until they were actually ready to make the offer. It can be called a Conditional Offer, but, a job offer has to be made before one can ask for documents that would identify their age or citizenship status. Including SS number/card.

If they ran a background ck on you, ie, just called references, previous employer questions, thats ok. but, credit ck, or E-verify, have to have a conditional offer on the table.
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Old 06-27-2012, 02:03 PM
 
Location: here
24,873 posts, read 36,176,449 times
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Quote:
Originally Posted by sinsativ View Post
Had it on the application, was told because of the before referenced quote from the US Governments regulations regarding filling out the I-9, that an employer may not ask for that documentation, ie, Social Security Number/Card, ID or Driver's license until they were actually ready to make the offer. It can be called a Conditional Offer, but, a job offer has to be made before one can ask for documents that would identify their age or citizenship status. Including SS number/card.

If they ran a background ck on you, ie, just called references, previous employer questions, thats ok. but, credit ck, or E-verify, have to have a conditional offer on the table.
I'd say the person who told you that may be interpreting the law differently than I would interpret what you quoted. If they ask for your SSN, and you sign a form authorizing a background check, you have given them permission to do one. Doing a background check and asking for documentation of citizenship are 2 different things. I suppose legally, I could have declined to give them my SSN, but then I probably wouldn't have been offered a job. I want a job, so I gave them permission.

Does anyone know of an actual incidence where ID theft was committed using a job application, or where references were called and harassed?
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Old 06-27-2012, 02:05 PM
 
Location: NW Indiana
44,360 posts, read 20,066,476 times
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Quote:
Originally Posted by TVandSportsGuy View Post
Exactly, If that was the case they would be listed on my resume every time I made a submission-lol


Even when resume had a reference section years ago it only said...."Available Upon Request"
I think I would have completed the form and in the reference section simply indicated something like, "References will be provided at a later date."

Last time I was job hunting, though, none of the prospective emloyers asked for references in an online application.

.
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Old 06-27-2012, 02:11 PM
 
Location: NW San Antonio
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Yes, there have been several. Lady secretary at a church in Milwaukee, a florist shop here in San Antonio.

You can't ask for the Social Security card prior to offering a job. The reason for a SSN isn't just for citizenship, but you can't ask until you offer. Thats discrimination.
The people telling me that, One was a Federal Attorney for the Department of Citizenship and Immigration. I think he interpreted it correctly, as I had our own company attorney, Board Certified in Labor & Employment Law, tell me the same thing. If they ask for you SSN, to verify, authorization or not, they have to be making an offer of employment, even if its conditional up all these things clearing, and offer has to be made.
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Old 06-27-2012, 02:14 PM
 
Location: NW Indiana
44,360 posts, read 20,066,476 times
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Quote:
Originally Posted by Kibbiekat View Post
I'd say the person who told you that may be interpreting the law differently than I would interpret what you quoted. If they ask for your SSN, and you sign a form authorizing a background check, you have given them permission to do one. Doing a background check and asking for documentation of citizenship are 2 different things. I suppose legally, I could have declined to give them my SSN, but then I probably wouldn't have been offered a job. I want a job, so I gave them permission.

Does anyone know of an actual incidence where ID theft was committed using a job application, or where references were called and harassed?
My company does E-Verifies on all new hires. I run the E-Verify reports; just finished doing a batch of them half an hour ago. The reports cannot be run without SSN and Alien #, if applicable.

Kibbiekat is correct - there's a big difference between background checks and E-Verify (authorization to work in the U.S.).

My company (commercial and industrial construction) also is required to run full background checks and fingerprinting on all employees who work at certain sites, such as schools. We cannot have a background check done without fully informing the individual in advance and having him or her execute a detailed authorization allowing us to do the background check.

.
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Old 06-27-2012, 02:32 PM
 
Location: NW San Antonio
2,982 posts, read 9,836,992 times
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You go ahead, Im telling you I went through two audits, since March 2011, and just cause you call it a background ck info, not using it for the other, doesn't make it right. The lawyers, and the E-verify states you can't ask for that documentation before making an offer. I've ran over 1000 E-verifies in the past two years, and having ICE Forensic Auditors, audit your applications, W-4, and I-9s, you get a lot of solid info. I made them back it all up in documentation. So, good luck if you ever get audited.

So you run background cks on just, job candidates, you haven't extended any kind of job offer to them?
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Old 06-27-2012, 02:39 PM
 
Location: On The Road Full Time RVing
2,341 posts, read 3,497,818 times
Reputation: 2230
Quote:
Originally Posted by TVandSportsGuy View Post
I decided to say what the hell today and complete two online applications for a local college and Comcast and when I came to the end I was asked to provide 3 references. I immediately stopped the application because there is no way you will have the numbers of my references and you haven't even met me yet. I swear companies are getting more and more WEIRD each year.

Unless I;m on a job interview and asked for a list of my references then that's the only way I will provide that information. So I guess I will never be a Comcast employee
That is the way many companies do it.

If you think that is bad ...

People who have CDL licenes and are trying to get a job have to tell in wrighting
on there app, what they have been doing and who they have worked for
in the last 10 years phone#'s and all.

It is the Law.

If you were unemployed for any amount of time you will have to
supply at least 3 different names and phone #'s of people who can testify
how you supported yourself during that time, with dates and time frame.

It is the Law.
.
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Old 06-27-2012, 03:51 PM
 
126 posts, read 423,388 times
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Quote:
Originally Posted by sinsativ View Post
Penn State, Univ of Penn, whatever, and Troll? you more like to be that sonny. I been on this forum for over 4 years, so keep your snide remarks to your knowledge.

And once again, they OFFER you the job, "if everything cks out" they can't run credit cks, or I9 verification until you are OFFERED the job. If the credit or your social isn't verified, they can rescind the offer.
Except you're wrong. You don't read half the legalese before you click the magic button to submit your application all the time, do you? By clicking buttons on Taleo's application, you agree to allow the employer to run whatever credit check or background check they chose before they bring you into an interview. It's called a pre-screen of applicants. They get around your cited law by including it in the legalese provided before you click the submit button.

The ONLY thing that they can't do before you're offered the job is perform an I9 verification. All others are free and clear, provided the right legalese is there.
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