Legal Question in Employment Law in Arkansas

bank employee fired based on credit rating...and more

I worked for a local bank here in Arkansas up until this afternoon. I had overdrawn my account on more than one occassion (not excessively though), so based on that they said that they were allowed to pull my credit report. AND, based on my high credit score I was fired. My first question, how were they allowed to pull a credit report without my consent? Second question: As I stated before, one of my checking accts was overdrawn. They took the funds from my employee checking acct to cover the overdraft WITHOUT MY AUTHORIZATION, which left me with pennies and 2 kids to feed. I could justify this being done IF I had left the account overdrawn for a lengthy period of time (long enough for it to almost be charged off)... but I hadn't. So, how was this authorized. Is there anything I can do about the situation? Any reply is appreciated! Thanks.


Asked on 2/20/03, 7:41 pm

1 Answer from Attorneys
Alan Crone Crone & McEvoy, PLC

Re: bank employee fired based on credit rating...and more

You are correct, your employer cannot pull your credit report without your consent. To do so is a violation of federal law. However, you may have agreed to do so in application papers when you joined the bank or as part of your depositor agreement. If not, you have a good claim against the bank.

As for the overdraft situation, I would need to get more information from you in order to give you a good opinion. My guess is the bank will say it has that authority by virtue of your account agreement.

I hope this helps. If you need more help, please feel free to contact me at 800.403.7868 or [email protected]

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Answered on 2/21/03, 10:46 am


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