Legal Question in Employment Law in California

Can my husband be denied a promotion his employer is requesting a credit report.
My husband has been working for a big delivery carrier for the last 2 1/2 years on a part time schedule. He has recently been promoted to a Driving position and was told he would need to fill out another application and sign a consent to pull a credit report. We have just filed for chapter 13 last month due to my medical condition, and me not being able to work for the last year. Up to this point we had excellant credit always paid our bills on time.We tried holding on in hopes that he would get his full time job. Now it seems like it might not happen, since drivers do collect cash they might think he is a high risk.

Asked on 8/21/03, 11:55 am

2 Answers from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

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Re: Can my husband be denied a promotion his employer is requesting a credit rep

Yes, it is legal for an employer to request authorization to conduct a credit check from prospective employees and those seeking a promotion, as employers have an interest in hiring and promoting employees they perceive as not easily subject to stealing or commiting acts against the interests of the the company. However, if employment or the promotion is denied due to the credit report, they must tell you that is the reason.

Answered on 8/26/03, 12:36 pm

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