whistle082309

On the homepage

Afghanistan

A touch of home on Thanksgiving

Out There

Thanksgiving

Thanksgiving Parades march on

Reusse's Turkey

Who's Reusse's Turkey of the Year?

Home | Local + Metro

Background check blew job away

Jerry Holt, Star Tribune

College student Matthew Baken had an internship lined up — until the employer received a background check that included information about an on-the-job injury.

A background check had information that was supposed to be private.

By LORA PABST, Star Tribune

Last update: August 22, 2009 - 7:13 PM

Print this story

Follow local news on Twitter

INVESTIGATING YOUR HISTORY

• The Minnesota Department of Labor and Industry can answer questions at (651) 284-5070.

• If a prospective employer hires an outside company to check your background, federal statutes describing your rights and employers' responsibilities can be found at www.tinyurl.com/law55.

• Minnesota law requires an employer to notify you in writing before initiating a background check, at which time you can check a box to request a free copy of the report. Read the statute at www.tinyurl.com/leeewk.

• To find out what information a search might turn up, some consumer reporting agencies will agree to conduct a background check on you for a fee.

JANE FRIEDMANN

More from Local + Metro

When Matthew Baken was offered a management internship with a construction company last winter, there was just one caveat: He had to pass a background check. No problem, thought the 26-year-old college student from Rogers.

He had no clue that a former boss would bring up an injury Baken suffered on the job two years earlier -- information that is supposed to be private. The former employer told the screening company that Baken suffers from a preexisting back injury that is not work-related. That statement, which is contradicted by documents relating to Baken's workers' compensation claim in 2007, cost him the internship.

"I was mad because this is wrong," Baken said. "I was wondering how it could even be in [the report]."

Baken has been worried that the statement would show up in future background checks, possibly ruining his chances of getting a job in his field. He even considered whether it was worthwhile to stay in college.

Jenny O'Brien, a spokeswoman for the state Department of Labor and Industry, said workers' compensation information is private. State law, she noted, allows individuals to take action against a former employer for purposely providing false and defamatory information and acting "with malicious intent" to harm the employee.

"The employee may have a civil recourse against the employer for including that information," O'Brien said.

Whistleblower contacted Baken's former employer, Final Choice Builders Inc. of Monticello, which is run by Carrie and Scott Smieja. They declined to comment.

Surprised by background check's content

Baken was at a job site in January 2007 when he felt pain shoot down his leg. "It wasn't going away and it was getting worse," he said.

A physical examination revealed several damaged discs, and the clinic classified the injury as work-related. It was the first time Baken was diagnosed with back problems. He went back to the job but was told not to lift more than 10 pounds or do other strenuous work that would reignite the problem, his medical records show. Final Choice Builders' insurance company approved his workers' compensation claim.

Over the next five months, Baken went to physical therapy every week, but he quit his job in June 2007 to pursue a degree in construction management at North Hennepin Community College. He wanted to avoid the kind of physical labor that caused his back and leg pain.

In February, Baken was thrilled when he was offered an internship with a construction firm. But as the scheduled April start of the internship approached, the would-be employer told Baken there were some concerns about the background check. After getting a copy, Baken was stunned to see that Final Choice Builders had reported that he "claimed an existing back injury was work related."

"I thought this was on my permanent record," Baken said. "I didn't know what to do."

After Baken inquired, the construction company told him the job offer was off the table because the firm didn't "have time to dig in and get to the bottom" of the situation.

Kevin Spang, CEO of Verified Credentials, Inc., the Lakeville company that ran the background check on Baken, said his company must verify any disputed information under federal law.

"If they cannot provide [documentation] to me, it is immediately extracted from the report, never to be seen again," Spang said. "At that point, a new report is immediately sent to the employer."

Spang said information for background checks is never reused.

Baken didn't know he had a right to dispute the background check until he was informed by Whistleblower. He plans to get his information corrected and maybe even reapply at the construction company.

"Life's a learning experience," he said. "You have to figure out what is wrong and how to fix it. All I wanted was my chance to get it right."

Recent Local + Metro stories

Lakeville clinic sued for alleged fraud - August 22, 2009

Lakeville clinic sued for alleged fraud - The state is suing a Lakeville chiropractic clinic and its owner alleging that they fraudulently enrolled patients in health-care credit card accounts. More