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browned out

Well-Known Member
The answer is simple.
If you have nothing to hide, then let them look.
Using words like, sneaking, deceived, selflessly working, blindly agreeing actually weakens your argument.
Don't sign the form if you don't agree and see where that gets you.
Your, so called, legal rights are more important than a simple job requirement.
What to Know About Employment and Your Credit

It's well-known that your credit health can affect your ability to get a loan or a credit card, but you may be surprised to learn it could affect your job prospects as well. Federal law allows current and prospective employers to view a modified version of your credit report for employment purposes. That can include during the initial hiring process and prior to promotions.

Employers can't view your credit score, but they can see credit data that's informative of your ability to manage money and responsibility. According to the National Association of Professional Background Screeners (NAPBS), 31% of employers will run a credit or financial check on at least some candidates for employment.

Can an Employer Access My Credit?​

The Fair Credit Reporting Act (FCRA) lists who can obtain your credit report and for what purpose. Employers, for instance, are allowed to run a credit check for hiring and promotion decisions, but only if the applicant or employee has given written permission for them to do so.

In fact, there are only a few exceptions to the requirement to obtain permission before pulling a credit report, including:

  • In response to a court order or federal grand jury subpoena.
  • In connection with your application for a license or other benefit granted by the government, when consideration of financial responsibility is required by law.
  • In connection with a child support determination (in certain circumstances).
  • In connection with a credit or insurance transaction not initiated by you, when a firm offer of credit or insurance is extended and certain other restrictions are met.
  • For the purposes of a potential investor assessing the risk of a current credit obligation

 

satellitedriver

Moderator
What to Know About Employment and Your Credit

It's well-known that your credit health can affect your ability to get a loan or a credit card, but you may be surprised to learn it could affect your job prospects as well. Federal law allows current and prospective employers to view a modified version of your credit report for employment purposes. That can include during the initial hiring process and prior to promotions.

Employers can't view your credit score, but they can see credit data that's informative of your ability to manage money and responsibility. According to the National Association of Professional Background Screeners (NAPBS), 31% of employers will run a credit or financial check on at least some candidates for employment.

Can an Employer Access My Credit?​

The Fair Credit Reporting Act (FCRA) lists who can obtain your credit report and for what purpose. Employers, for instance, are allowed to run a credit check for hiring and promotion decisions, but only if the applicant or employee has given written permission for them to do so.

In fact, there are only a few exceptions to the requirement to obtain permission before pulling a credit report, including:

  • In response to a court order or federal grand jury subpoena.
  • In connection with your application for a license or other benefit granted by the government, when consideration of financial responsibility is required by law.
  • In connection with a child support determination (in certain circumstances).
  • In connection with a credit or insurance transaction not initiated by you, when a firm offer of credit or insurance is extended and certain other restrictions are met.
  • For the purposes of a potential investor assessing the risk of a current credit obligation

No problem for me.
My credit score for the last 20yrs has been between 750 to 800.
All large corporations in the hiring process can access credit reports, by law.
The FCRA only mandates are( see below)
The FCRA gives you the right to be told if information in your credit file is used against you to deny your application for credit, employment or insurance. The FCRA also gives you the right to request and access all the information a consumer reporting agency has about you (this is called "file disclosure").
Your cut and paste arguments do not support your original proposition.
 

browned out

Well-Known Member
I appreciate your point of view; but you are still a bit obtuse on the crux of the issue. The issue is not about you or me.

The problem with the New UPS MVDC is that the only way it can be completed on upsers.com is to agree to "voluntarily" authorize.

I voluntarily and fully authorize UPS to obtain driving records
and reports about me for employment purposes
as set forth in the separate Disclosure of Intention to Obtain Driving Records for Employment Purposes provided to me.


Voluntary: " proceeding from the will or from one's own choice or consent"

Usually voluntary means just that. One has a choice to volunteer or not. No choice was presented on the upser.com MVDC.

I have no problem with UPS asking us to volunteer for something. We can choose to do something or choose not to. When UPS mandates volunteering, that is where the problem arises. The FMCSA MVDC mandated document does not include any of the new language UPS has added in 2021.

The deceptive UPS MVDC should have been presented as two stand alone forms.

1. The legal FMSCA required document that we have been required by the DOT FMSCA to submit for decades.
2. A stand alone document that allows drivers a clear cut choice of whether or not to consent to release of the "whatever" records UPS wants access to.

To be ethically and legally viable; the form would have to be drafted with language similar to this:

☑ I do not give consent or in any way authorize UPS to obtain driving records and reports.....

I voluntarily and fully authorize UPS to obtain driving records and reports....

UPS was dishonest when they stated the new MVDC was a government mandated form. UPS was not forthright when they did not provide our legal option to opt out of authorizing UPS to access the reports and records that UPS has no legal access to without our express consent.

Voluntary. But not really.

And did you read your "separate Disclosure of Intention to Obtain Driving Records for Employment Purposes"?
 
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satellitedriver

Moderator
I appreciate your point of view; but you are still a bit obtuse on the crux of the issue. The issue is not about you or me.

The problem with the New UPS MVDC is that the only way it can be completed on upsers.com is to agree to "voluntarily" authorize.

I voluntarily and fully authorize UPS to obtain driving records
and reports about me for employment purposes
as set forth in the separate Disclosure of Intention to Obtain Driving Records for Employment Purposes provided to me.


Voluntary: " proceeding from the will or from one's own choice or consent"

Usually voluntary means just that. One has a choice to volunteer or not. No choice was presented on the upser.com MVDC.

I have no problem with UPS asking us to volunteer for something. We can choose to do something or choose not to. When UPS mandates volunteering, that is where the problem arises. The FMCSA MVDC mandated document does not include any of the new language UPS has added in 2021.

The deceptive UPS MVDC should have been presented as two stand alone forms.

1. The legal FMSCA required document that we have been required by the DOT FMSCA to submit for decades.
2. A stand alone document that allows drivers a clear cut choice of whether or not to consent to release of the "whatever" records UPS wants access to.

To be ethically and legally viable; the form would have to be drafted with language similar to this:

☑ I do not give consent or in any way authorize UPS to obtain driving records and reports.....

I voluntarily and fully authorize UPS to obtain driving records and reports....

UPS was dishonest when they stated the new MVDC was a government mandated form. UPS was not forthright when they did not provide our legal option to opt out of authorizing UPS to access the reports and records that UPS has no legal access to without our express consent.

Voluntary. But not really.

And did you read your "separate Disclosure of Intention to Obtain Driving Records for Employment Purposes"?
So, voluntarily refuse to sign the form and see what happens.
Your legal rights seem to be paramount, to your conditions of employment.
Stand strong for your beliefs and be prepared for the consequences.
BTW
Is this the first time UPS, the government, or the teamsters lied to you?
I will answer all three of my questions for you, with a one word answer.
NOPE.
 

browned out

Well-Known Member
So, voluntarily refuse to sign the form and see what happens.
Your legal rights seem to be paramount, to your conditions of employment.
Stand strong for your beliefs and be prepared for the consequences.
BTW
Is this the first time UPS, the government, or the teamsters lied to you?
I will answer all three of my questions for you, with a one word answer.
NOPE.
You are on the right track but I did not refuse to sign it. I questioned it. It went up the chain and UPS legal got back to me informing me that I was not required to "voluntarily" agree to any of the terms that were deceptively included in the 2021 Upsers.com MVDC.

I did not fill out that form on UPSers.com. UPS informed me that I did not have to agree to consent to the release of any records or reports. I handed in a paper form of my MVDC to my center manager.
 
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