FCRA - Bad credit but not hired for another "reason"

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Latest post Fri, May 13 2016 8:54 PM by NCP_Dad. 10 replies.
  • Thu, May 12 2016 7:13 AM

    • NCP_Dad
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    FCRA - Bad credit but not hired for another "reason"

    The Fair Credit Reporting Act requires employers to warn applicants that they plan to run a credit check and notify the applicant if the employer rejects them based on that credit report. What is the possibility of a potential employer pulling an applicants credit report, but then stating a different reason for rejecting the applicant? The state is North Dakota f it makes a difference.

    For example, Applicant A has bad credit and years of experience and Applicant B has good credit but is fresh out of college. Employer pulls both applicant's credit reports and states they hired Applicant B because he has fresher skills or interviewed better or some other stated reason unrelated to the credit report or for no stated reason at all. It is virtually impossible for Applicant A to prove the FCRA has been violated.

    Is anyone aware of this occuring in the real world? Are there any statistics on how common something like this is?

    Some background information: My ex has destroyed my credit. She got the house in the divorce but the mortgage was only in my name. She agreed to refinance or sell within one year. Instead she has made 90% of the last 6 years worth of payments late (she waits until they threaten to foreclose, then bring the loan just current enough that they stop the foreclosure proceedings).She has been ordered to sell 3 times by 2 different judges. She has not and the late payments continue. Every other mark on my credit report is good. It is quite apparent when looking at my credit report that the house payments are the only derogatory remarks. I got laid off by my employer, and I am now looking for a job. I am finding it quite difficult to find one. I believe it is due to my credit report, and I would like to be able to point this out when I go back to court over the house again.

     

  • Thu, May 12 2016 7:23 AM In reply to

    Re: FCRA - Bad credit but not hired for another "reason"

    NCP_Dad:
    I got laid off by my employer, and I am now looking for a job. I am finding it quite difficult to find one. I believe it is due to my credit report, and I would like to be able to point this out when I go back to court over the house again.

    After the recession in 2008 most employers do not go to the trouble and expense of running a credit report unless they intend to make an offer to a candidate.  If you are not getting to the stage where they are ready to make an offer then the chances are high they have not even checked your credit yet.  Have you received any letters from the bureau or agency stating that your credit was run?

    NCP_Dad:
    It is quite apparent when looking at my credit report that the house payments are the only derogatory remarks.

    Then it is time to go back to court and get an order forcing the sale or sue her for the damage she has caused your credit.  The second thing you can do is be up front in the interview process that the only issue is that mortgage and it isn't you making the payments and if they have concerns to discuss it with you.  

    NCP_Dad:
    Is anyone aware of this occuring in the real world?

    I am sure it does happen but the reality is if a job requires a credit report be run most employers would simply state that the applicant didn't meet their credit criteria and thus no offer can be extended.  Jobs with requirements like this typically weed out applicants long before it gets to that stage because the candidate usually knows there are issue(s) and doesn't even apply.

    "That's just my opinion, then again I might be wrong."  Dennis Miller

     

  • Thu, May 12 2016 8:50 AM In reply to

    • Drew
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    Re: FCRA - Bad credit but not hired for another "reason"

    • hard to prove actual   employer turn down reason .....if you have  a credit wart you might disclose it somewhat earlier in interview process...

     

                   Proving damages via credit warts  is not an easy task as you don't have solid links in admissible form

                    I can see a bit of extra time to get you off the note and or the property sold ...and one might argue IF she had a perfect payment record it was no harm no foul ...but per your post that is NOT her track record.

                    but 5-6 years of extensions. Wow......somehow she need to be put on a very short leash ...get it sold in 60 days or get it refinanced in 60 days. Or the following serious  sanctions apply ...x..y..z . Per day .....and seek all your attorney costs and use an attorney.....



  • Thu, May 12 2016 9:13 AM In reply to

    • Drew
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    Re: FCRA - Bad credit but not hired for another "reason"

    If she got title WO you being off the note or some serious default language in the property settlement portion ...you had rocks in the common sense portion of your brain....or you didn't use counsel or both .....

    Does the deal require her to refinance ...does,she have a recprds of attempting to,do so....keep in mind that with some street smarts just about anyone can engineer self serving turn downs ....and wave the " impossibility " flag ...



  • Thu, May 12 2016 9:19 AM In reply to

    • NCP_Dad
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    Re: FCRA - Bad credit but not hired for another "reason"

    Drew:

                   Proving damages via credit warts  is not an easy task as you don't have solid links in admissible form

                    I can see a bit of extra time to get you off the note and or the property sold ...and one might argue IF she had a perfect payment record it was no harm no foul ...but per your post that is NOT her track record.

                    but 5-6 years of extensions. Wow......somehow she need to be put on a very short leash ...get it sold in 60 days or get it refinanced in 60 days. Or the following serious  sanctions apply ...x..y..z . Per day .....and seek all your attorney costs and use an attorney.....

    Yeah, I've examined the options for suing over damages to credit. To sue requires I show an actual monetary harm. For example, if I bought a car and got a 19% interest rate instead of a 9% interest rate. Then I could sue for that 10% interest and *maybe* some punative damages, but my attorney has told me that in a dovorce case it is unlikely I would get punative damages.

    And yes, it is ridiculous that she has been able to do this for 6 years. I did not start out the divorce process as a bitter ex, but the court has done a fantastic job of turning me in to one. The last court order gave her 30 days to refinance or 60 days to sell. She did neither. And its not a matter of her being unable to make the payments. She took her family on a month long vacation to Texas in 2013. She sold a business for $20,000 in 2014 and then bought a boat. She got an $80,000 settlement in a lawsuit recently and used it to buy a camper. She has remodeled the house twice (which she will agrue was being done so the house could be sold), and made numerous $$$ purchases like a trampoline, weekend trips, computers, etc. I have an attorney. Everyone I speak to says he's a good attorney, and he seems well respected. I just can't make it add up as to how her verbal testimony about being a poor, broke mother trumps the physical evidence to the contrary. I've come to the conclusion that there is Criminal court (where lying is bad), Civil court (where lying is probably bad), and Family court (where lying is acceptable). Anyhow, I digress...this is not the forum for divorce issues. :)

    Thanks for the input about employers running credit checks. I had 2 instances where I passed the initial interview and had a second interview scheduled while signing papers so they could pull my credit. In both cases, my second interview was cancelled. One company told me they decided to pursue a different candidate. The other company did not give me a reason at all. I have not gotten anything from a credit bureau stating my credit has been checked, nor do I see any checks on my credit report, but I'm not sure I would know or see anything anyhow so perhaps it is coincidental to the 2nd interviews being cancelled.

     

     

  • Thu, May 12 2016 10:02 AM In reply to

    Re: FCRA - Bad credit but not hired for another "reason"

    NCP_Dad:
    What is the possibility of a potential employer pulling an applicants credit report, but then stating a different reason for rejecting the applicant?

    Rather obviously, such a possibility exists.

     

    NCP_Dad:
    Is anyone aware of this occuring in the real world?

    I'm not aware of any particular instance of something like this happening.

     

    NCP_Dad:
    Are there any statistics on how common something like this is?

    You can use google as well as anyone here, but I highly doubt it.  Among other things, something like this will almost never be discovered except through litigation, and most employees who don't get hired don't sue.

     

    NCP_Dad:
    I got laid off by my employer, and I am now looking for a job. I am finding it quite difficult to find one. I believe it is due to my credit report, and I would like to be able to point this out when I go back to court over the house again.

    You're obviously free to offer your credit report into evidence to show the impact of your ex's actions on your credit.  You're also free to make an argument that you believe the difficulty you're having obtaining new employment is related to the damage to your credit caused by your ex.  However, unless you have something from a prospective lawyer that affirmatively says you weren't hired because of your credit, no judge is going assume it's true solely because of the abstract possibility that a prospective employer didn't hire you because of your credit but gave another reason for the decision.

  • Thu, May 12 2016 10:10 AM In reply to

    • NCP_Dad
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    Re: FCRA - Bad credit but not hired for another "reason"

    Thanks ca19lawyer2. Very concise answer. I wish there were a Rep system so I could give you kudos. :)

  • Thu, May 12 2016 2:34 PM In reply to

    • Drew
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    Re: FCRA - Bad credit but not hired for another "reason"

    Something seems short of effective  representation if EX has been able to,stall it out for  5 years 



  • Thu, May 12 2016 3:56 PM In reply to

    Re: FCRA - Bad credit but not hired for another "reason"

    NCP_Dad:
    I have not gotten anything from a credit bureau stating my credit has been checked, nor do I see any checks on my credit report, but I'm not sure I would know or see anything anyhow so perhaps it is coincidental to the 2nd interviews being cancelled.

    You would be notified via a letter that on XX-XX-2016 Humpty Dumpty Employer (either themselves or via a background check company) attained your credit report.  It would also contain notice of thich of the 3 bureaus they pulled from and how you would get a copy of the information they received and could dispute anything that you feel is inaccurate.  

    If you never got the second interview my guess is that the first reason is true and they had another candidate they chose to pursue and never got to the point of pulling credit.  The second one there is no way to know but absent notification that they actually received your credit report then that is likely not the reason they didn't pursue hiring you.  

     

    "That's just my opinion, then again I might be wrong."  Dennis Miller

     

  • Fri, May 13 2016 11:41 AM In reply to

    • Drew
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    Re: FCRA - Bad credit but not hired for another "reason"

    if there was a recent order that said sell it in x or refi in y days and all are now past..why are not some serious $$  sanctions in place ? 



  • Fri, May 13 2016 8:54 PM In reply to

    • NCP_Dad
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    Re: FCRA - Bad credit but not hired for another "reason"

    You got me. This is just one of the many things that have given me a dim view of family court. I have not seen anything resembling justice or fairness. Like I stated, I did not start out as a bitter ex, but the lack of any kind of punishment for perjury, lack of consequences for ignoring court orders, refusal to produce any documents supporting the ludicrous claim of only $97/month for income and NO imputed income, the judge looking at 4 months of my paystubs which contain my annual bonus and multplies them by 4 to get my annual income (yes, 4...for a total of 16 months in a year with 4 annual bonuses)...the list goes on. I wish I was making this up. It is absolutely surreal to me. I produce documentation from a neutral 3rd party county office while she gets on the stand and states a different story under oath, and the judge sides with her. Surreal! If you want to see a completely bitter, terrible, trainwreck of a divorce, I've got years worth of emails and court documents that will shake your faith in a system whose stated goal is to consider the "best interests of the child".

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