Suspicious about Background Check

[AlHayatZween 2]

my company does external criminal background checks on everyone that we hire. it may seem excessive for a job in a parking garage, however it is a parking garage in a university and it is probably the university policy to do background checks before hires. those background checks would require all of the visa, passports, etc.

edited to say that my companies background checks would extend to wherever the applicant lived prior to the US, and is done for immigrants as well as citizens. part of that would be making sure legal to be in the US, legal coming and going, in good standing etc.

Thanks, this makes me feel a little bit better. Yes, it is a public university, and they do background checks on all hires. i think they hire a private/external agency to do the checks, it just took me off-guard.

i took her his passport & the I-94, and then she said she wanted a copy of the visa, too. i double-checked to make sure she understood he was a permanent resident with legal status and authorization to work. She said she knew, but "they" needed all these things to do the background check. i guess i am just paranoid that every time someone digs into his nebulous file there is a greater chance someone will make a mistake or they'll misinterpret his immigrant status.

Anyway, it's done now... Hope they actually hire him! He's having a lot of trouble adjusting down here, so hopefully even a little part-time gig might make him happy until he finds something better...

Thanks everybody! Will let you know how it works out...

[AlHayatZween 2]

Right, but I was saying if you have LESS than 15 then it's all good? I just don't get why they have to have a limit or a minimum. Discrimination should be illegal regardless of how many employees you have.

It does beg the question...

And yes, Baton Rouge is very different from New York!!

Criminal and credit checks are usual in higher education for pretty much any position. But I have NEVER heard of such an extensive thing. sister ALHayat, PM me the school.

Dear Sister Len, sent you a PM... i like your new avatar...

[chaishai 1]

my company does external criminal background checks on everyone that we hire. it may seem excessive for a job in a parking garage, however it is a parking garage in a university and it is probably the university policy to do background checks before hires. those background checks would require all of the visa, passports, etc.

edited to say that my companies background checks would extend to wherever the applicant lived prior to the US, and is done for immigrants as well as citizens. part of that would be making sure legal to be in the US, legal coming and going, in good standing etc.

Thanks, this makes me feel a little bit better. Yes, it is a public university, and they do background checks on all hires. i think they hire a private/external agency to do the checks, it just took me off-guard.

i took her his passport & the I-94, and then she said she wanted a copy of the visa, too. i double-checked to make sure she understood he was a permanent resident with legal status and authorization to work. She said she knew, but "they" needed all these things to do the background check. i guess i am just paranoid that every time someone digs into his nebulous file there is a greater chance someone will make a mistake or they'll misinterpret his immigrant status.

Anyway, it's done now... Hope they actually hire him! He's having a lot of trouble adjusting down here, so hopefully even a little part-time gig might make him happy until he finds something better...

Thanks everybody! Will let you know how it works out...

I can tell you as someone who hires - that its a process I have no visibility to - I have never seen anyone fail - we just wait for the all clear and then we can hire. I guess what I am trying to say is the actual boss who would be hiring likely doesn't understand or care about the process, its just corporate bureaucracy. So if he is clean then there is nothing to worry about. Reminds me of college - many major companies in my neighboring city would hire interns and they would all do drug tests and criminal checks. I think this earthy food coop on the college campus did the majority of their sales from selling goldenseal to college kids trying to remove traces of pot from their system lol! Anyway its completely normal and I have to sit around after I find a good candidate and wait a week or so for the background check, its annoying, but I get it.

[AlHayatZween 2]

I can tell you as someone who hires - that its a process I have no visibility to - I have never seen anyone fail - we just wait for the all clear and then we can hire. I guess what I am trying to say is the actual boss who would be hiring likely doesn't understand or care about the process, its just corporate bureaucracy. So if he is clean then there is nothing to worry about. Reminds me of college - many major companies in my neighboring city would hire interns and they would all do drug tests and criminal checks. I think this earthy food coop on the college campus did the majority of their sales from selling goldenseal to college kids trying to remove traces of pot from their system lol! Anyway its completely normal and I have to sit around after I find a good candidate and wait a week or so for the background check, its annoying, but I get it.

Yeah... my husband also brought up the good point that maybe they just want to double check how he entered the country and make sure there were no red flags. Fair enough...

Here's hoping he actually gets the work. Job market is dog eat dog these days.

[rebeccajo 14]

Your husband's employer is breaking the law.

If it were me, I would get as much physical proof as I could of what they have asked you for.

I would file an EEOC complaint.

I would hire competent counsel.

And I would not stop until I had an answer as to why they have pressed him for this paperwork.

Yeah... my husband also brought up the good point that maybe they just want to double check how he entered the country and make sure there were no red flags. Fair enough...

Here's hoping he actually gets the work. Job market is dog eat dog these days.[/color]

Does your husband have a driver's license or a state ID card?

He would not have been granted either of those documents if he had entered without inspection.

I wouldn't want that job.

But when I were done with them, I would never have to work another day in my life.

http://www.eeoc.gov/facts/backlash-employer.html

BACKGROUND INVESTIGATIONS

Anwar, who was born in Egypt, applies for a position as a security guard with XYZ Corp., which contracts to provide security services at government office buildings. Can XYZ require Muhammad to undergo a background investigation before he is hired?

XYZ may require Anwar to undergo the same pre-employment security checks that apply to other applicants for the same position. As with its other employment practices, XYZ may not perform background investigations or other screening procedures in a discriminatory manner.

In addition, XYZ may require a security clearance pursuant to a federal statute or Executive Order. Security clearance determinations for positions subject to national security requirements under a federal statute or an Executive Order are not subject to review under the equal employment opportunity statutes.

Edited August 20, 2009 by rebeccajo

[chaishai 1]

Your husband's employer is breaking the law.

If it were me, I would get as much physical proof as I could of what they have asked you for.

I would file an EEOC complaint.

I would hire competent counsel.

And I would not stop until I had an answer as to why they have pressed him for this paperwork.

Yeah... my husband also brought up the good point that maybe they just want to double check how he entered the country and make sure there were no red flags. Fair enough...

Here's hoping he actually gets the work. Job market is dog eat dog these days.[/color]

Does your husband have a driver's license or a state ID card?

He would not have been granted either of those documents if he had entered without inspection.

I wouldn't want that job.

But when I were done with them, I would never have to work another day in my life.

http://www.eeoc.gov/facts/backlash-employer.html

BACKGROUND INVESTIGATIONS

Anwar, who was born in Egypt, applies for a position as a security guard with XYZ Corp., which contracts to provide security services at government office buildings. Can XYZ require Muhammad to undergo a background investigation before he is hired?

XYZ may require Anwar to undergo the same pre-employment security checks that apply to other applicants for the same position. As with its other employment practices, XYZ may not perform background investigations or other screening procedures in a discriminatory manner.

In addition, XYZ may require a security clearance pursuant to a federal statute or Executive Order. Security clearance determinations for positions subject to national security requirements under a federal statute or an Executive Order are not subject to review under the equal employment opportunity statutes.

how do you know they dont do the same thing for all applicants? my company does. including a check to make sure that you are legal to work in the us, if you are not then they are breaking the law.

[rebeccajo 14]

how do you know they dont do the same thing for all applicants? my company does. including a check to make sure that you are legal to work in the us, if you are not then they are breaking the law.

How does your employer do a 'check' to make sure someone is 'legal to work'.

I presume you are aware that any such checks cannot be performed until someone is actually hired.

In the case of the OP, her husband has not even been offered the job. Employers cannot ask for identifying documents until someone has been hired.

Edited August 20, 2009 by rebeccajo

[doodlebugg 10]

Your husband's employer is breaking the law.

If it were me, I would get as much physical proof as I could of what they have asked you for.

I would file an EEOC complaint.

I would hire competent counsel.

And I would not stop until I had an answer as to why they have pressed him for this paperwork.

That's a lot of effort for a part time job, and counsel cost $$$$$. My husband's boss told him several times that he hates muslims. He constantly puts him in the section that has the least amount of action in the restaurant and berates him every chance he gets. We won't do a thing because counsel cost $$$$$$ and in the end they'd just find a stupid reason to get rid of him.

That's the problem with a lot of these laws. It's great in theory that they're on the books but they're not that enforceable unless you have time, $$$, and another job already lined up.

[rebeccajo 14]

Your husband's employer is breaking the law.

If it were me, I would get as much physical proof as I could of what they have asked you for.

I would file an EEOC complaint.

I would hire competent counsel.

And I would not stop until I had an answer as to why they have pressed him for this paperwork.

That's a lot of effort for a part time job, and counsel cost $$$$$. My husband's boss told him several times that he hates muslims. He constantly puts him in the section that has the least amount of action in the restaurant and berates him every chance he gets. We won't do a thing because counsel cost $$$$$$ and in the end they'd just find a stupid reason to get rid of him.

That's the problem with a lot of these laws. It's great in theory that they're on the books but they're not that enforceable unless you have time, $$$, and another job already lined up.

Do you realize that there are employment attorneys out there who are happy to take good cases without a fee?

[doodlebugg 10]

Your husband's employer is breaking the law.

If it were me, I would get as much physical proof as I could of what they have asked you for.

I would file an EEOC complaint.

I would hire competent counsel.

And I would not stop until I had an answer as to why they have pressed him for this paperwork.

That's a lot of effort for a part time job, and counsel cost $$$$$. My husband's boss told him several times that he hates muslims. He constantly puts him in the section that has the least amount of action in the restaurant and berates him every chance he gets. We won't do a thing because counsel cost $$$$$$ and in the end they'd just find a stupid reason to get rid of him.

That's the problem with a lot of these laws. It's great in theory that they're on the books but they're not that enforceable unless you have time, $$$, and another job already lined up.

Do you realize that there are employment attorneys out there who are happy to take good cases without a fee?

Ok so say we get one of those. Then what? We win the case and he goes back and they fire him the next day for not folding a napkin correctly. I know how these things work. He will be labeled a trouble maker and they will do anything and everything to kick him out.

[rebeccajo 14]

Your husband's employer is breaking the law.

If it were me, I would get as much physical proof as I could of what they have asked you for.

I would file an EEOC complaint.

I would hire competent counsel.

And I would not stop until I had an answer as to why they have pressed him for this paperwork.

That's a lot of effort for a part time job, and counsel cost $$$$$. My husband's boss told him several times that he hates muslims. He constantly puts him in the section that has the least amount of action in the restaurant and berates him every chance he gets. We won't do a thing because counsel cost $$$$$$ and in the end they'd just find a stupid reason to get rid of him.

That's the problem with a lot of these laws. It's great in theory that they're on the books but they're not that enforceable unless you have time, $$$, and another job already lined up.

Do you realize that there are employment attorneys out there who are happy to take good cases without a fee?

Ok so say we get one of those. Then what? We win the case and he goes back and they fire him the next day for not folding a napkin correctly. I know how these things work. He will be labeled a trouble maker and they will do anything and everything to kick him out.

Doodlebug -

If you win the case, odds are you have enough money (at least for a while) that he won't need to work.

Why is your husband working in such an abusive situation? I feel badly for him.

[Y's_habibitk 2]

Your husband's employer is breaking the law.

If it were me, I would get as much physical proof as I could of what they have asked you for.

I would file an EEOC complaint.

I would hire competent counsel.

And I would not stop until I had an answer as to why they have pressed him for this paperwork.

That's a lot of effort for a part time job, and counsel cost $$$$$. My husband's boss told him several times that he hates muslims. He constantly puts him in the section that has the least amount of action in the restaurant and berates him every chance he gets. We won't do a thing because counsel cost $$$$$$ and in the end they'd just find a stupid reason to get rid of him.

That's the problem with a lot of these laws. It's great in theory that they're on the books but they're not that enforceable unless you have time, $$$, and another job already lined up.

Do you realize that there are employment attorneys out there who are happy to take good cases without a fee?

Ok so say we get one of those. Then what? We win the case and he goes back and they fire him the next day for not folding a napkin correctly. I know how these things work. He will be labeled a trouble maker and they will do anything and everything to kick him out.

Doodlebug -

If you win the case, odds are you have enough money (at least for a while) that he won't need to work.

Why is your husband working in such an abusive situation? I feel badly for him.

what about in the mean time while the case is under proceedings?

[Y's_habibitk 2]

how do you know they dont do the same thing for all applicants? my company does. including a check to make sure that you are legal to work in the us, if you are not then they are breaking the law.

How does your employer do a 'check' to make sure someone is 'legal to work'.

I presume you are aware that any such checks cannot be performed until someone is actually hired.

In the case of the OP, her husband has not even been offered the job. Employers cannot ask for identifying documents until someone has been hired.

The OP said "they gave him a temporary okay" in her first post ..IE- they offered him the job but want to preform the checks...

So, how are they breaking the law?

[rebeccajo 14]

how do you know they dont do the same thing for all applicants? my company does. including a check to make sure that you are legal to work in the us, if you are not then they are breaking the law.

How does your employer do a 'check' to make sure someone is 'legal to work'.

I presume you are aware that any such checks cannot be performed until someone is actually hired.

In the case of the OP, her husband has not even been offered the job. Employers cannot ask for identifying documents until someone has been hired.

The OP said "they gave him a temporary okay" in her first post ..IE- they offered him the job but want to preform the checks...

So, how are they breaking the law?

My understanding is the employee has to actually be hired before any identifying documents can be requested. I am unclear as to how a 'temporary OK' would be a 'hiring'. Perhaps it is.

At any rate, my understanding is that the husband in question was asked to produce these documents prior to his offer of employement. Perhaps I am wrong there.

If a person possesses a driver's license and a state ID then that satisfies the requirements of the I9. An employer cannot ask to see a greencard. I interpreted the post as he was required to produce a greencard before anything was mentioned about a background check.

I have had my background checked before for jobs. I have never been asked to provide ANY documentation other than signing a form that I consented to the check. My husband (the immigrant) had a background check for a prior job and there was no request for documents on that employer's part.

The extant question here would be (if the University requires a background check on employees) what documents does it request from employees?

[doodlebugg 10]

Your husband's employer is breaking the law.

If it were me, I would get as much physical proof as I could of what they have asked you for.

I would file an EEOC complaint.

I would hire competent counsel.

And I would not stop until I had an answer as to why they have pressed him for this paperwork.

That's a lot of effort for a part time job, and counsel cost $$$$$. My husband's boss told him several times that he hates muslims. He constantly puts him in the section that has the least amount of action in the restaurant and berates him every chance he gets. We won't do a thing because counsel cost $$$$$$ and in the end they'd just find a stupid reason to get rid of him.

That's the problem with a lot of these laws. It's great in theory that they're on the books but they're not that enforceable unless you have time, $$$, and another job already lined up.

Do you realize that there are employment attorneys out there who are happy to take good cases without a fee?

Ok so say we get one of those. Then what? We win the case and he goes back and they fire him the next day for not folding a napkin correctly. I know how these things work. He will be labeled a trouble maker and they will do anything and everything to kick him out.

Doodlebug -

If you win the case, odds are you have enough money (at least for a while) that he won't need to work.

Why is your husband working in such an abusive situation? I feel badly for him.

what about in the mean time while the case is under proceedings?

AND what if he doesn't win the case? Not only will he lose the job but he'd be hard pressed to find another one once word got around that he's someone who will file a suit. He's going to change jobs once he gets back from his trip to Cairo so for now he just suffers through it all. The money's still good but it could be a LOT better if the guy wasn't such an azz.