Can I be dropped from consideration of employment based on an unsatisfactory credit check?

UPDATED: Sep 30, 2022

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Can I be dropped from consideration of employment based on an unsatisfactory credit check?

I had a final round job interview scheduled for a position. I had to cancel last minute due to illness. I emailed the employer to reschedule and the employer emailed me back to say that I had failed a credit check and they would not be pursuing me as a candidate anymore. Is this legal to do?. The job is a sales job and does not involve any real financial responsibility. FYI, I did consent to the credit check.

Asked on November 25, 2015 under Employment Labor Law, Illinois


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

Answered 7 years ago | Contributor

 In an at will employment relationship, an employer can hire/fire much as it sees fit or deems neceassary. This is true so long as such action doesn't violate the terms of an employment contract, union agreement or company policy. Also, an employee's treatment (or potential employee's treatment) cannot be based on legally actionable discrimination. This means that an individual cannot receive different treatment based on their race, religion, age, disability, gender, sexual identity or nationality. So unless you fall into one of the aforementioned classes, you do not have a claim here. The fact is that an unsatisfactory credit check can result in your no longer being considered for the position. Basically, the employer has the right not to hire you for this reason, any or no reason at all (notwithstanding the above exceptions).

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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