Smart Consumer

Employment Records and Credit Checks

What to KnowWhat to Do

Your employer can share certain information about you without your permission, such as:
  • Verifying the dates of your employment
  • Your job title or position
  • Your salary
With the exceptions below, other personal information can’t be disclosed without your permission.
Exceptions to the statute are: employers that are financial institutions as defined under law; credit reports required to be obtained by employers by law; and credit reports “substantially related to the employee’s current or potential job.” These “substantially related” reports are allowable if the position:
  • Is a managerial position that involves setting the direction or control of a business, division, unit or an agency of a business;
  • Involves access to personal or financial information of customers, employees or the employer, other than information customarily provided in a retail transaction;
  • Involves a fiduciary responsibility to the employer, as defined under the law;
  • Provides an expense account or corporate debit or credit card;
  • Provides access to certain confidential or proprietary business information, as defined under the law; or
  • Involves access to the employer’s nonfinancial assets valued at $2,005 or more, including, but not limited to, museum and library collections and to prescription drugs and other pharmaceuticals.
Former employers can share information regarding your work performance from your personnel file.