Can an employer run your credit history without any permission?

UPDATED: Sep 11, 2015

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Can an employer run your credit history without any permission?

I recently applied for a restaurant position and they put a hard hit on my credit without asking or having me sign anything.

Asked on September 11, 2015 under Employment Labor Law, Virginia


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

An employer may only pull your credit report if it has your consent to do so. However, some employment applications ask to run a credit check on a separate form or include the request in a footnote or on the back of your paperwork. That having been said, if you didn't sign anything or give express permission, it appears that your credit report was wrongfully accessed.
In such a situation, you may be able to sue in state or federal court for damages. Additionally, specific state law may also offer additional remedies. Also, you may dispute the inquiry with the credit bureau that issued the report.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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