Legal Question in Employment Law in Massachusetts

background check/personal information

a job offer has been made and starting date arranged by a nationally recognized mortgage lender, interview process was extensive and I was hired for skills and ability to produce, AFTER I accepted the company did a ''background'' check. Inorder to justify to their satisfaction items on a credit report I would be put in the position of divulging very personal information relative to my rcent seperation and a serious mental health issues(including suicide attemts and numerous psychiatric hospitilizations) of my husband that lead to an extraordinary destruction of our financial and personal life. How much am I obligated to divulge and how much are they entitled to ask and have answered? Can they with draw the offer based on the information, and/or my not sharing all the very personal details?


Asked on 4/27/04, 3:49 pm

2 Answers from Attorneys

Len Foy NH Residential Title & Escrow

Re: background check/personal information

Hi - My name is Len Foy and I am an attorney with Gould & Gould, with offices in Methuen MA & Londonderry NH, our office telephone number is (603) 434-3437, my mobile number is (603) 978-0421, and my email address is [email protected].

I do agree with Attorney Lyons' response to your inquiry, your prospective employer should give you the opportunity to explain and characterize the circumstances behind your credit and financial difficulties. If you would like to discuss this matter further please do not hesitate to contact me directly. There is no charge for initial or preliminary consultations, and all matters discussed are strictly confidential.

Regards and Good Luck -

Len Foy

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Answered on 4/28/04, 11:55 am
Nance Lyons Law Office of Nance Lyons

Re: background check/personal information

It seems to me that all you have to say is that extraordinary non-reimbursed family medical expenses caused you to be unable to meet your monthly obligations and that you are now current. Background checks are routine. Credit informaion would seem particularly revelant in a banking situation.

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Answered on 4/27/04, 5:02 pm


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