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Employment Law/Background Check



Hello Ms. McAllister,

Hello, I hope you can help me with some answers. I have been unemployed since 8/2013 and I have had no luck finding a job. I have gone on many interviews and they all seem to go well but I feel like there is something blocking my ability to get hired.

I feel as if my reputation or background check is hurting me; however I have no criminal history. I have such great experience in so many areas and my resume speaks for itself. I want to know if I can perform my own background check to see what other employers see about me so maybe I can get a better understanding as to why I cant get a job.

I was wrongfully terminated at CVS for taking a leave of absence and then rehired and then terminated for being 5 min late. I wish I knew what CVS would share about me in regards to an employer verifying my employment with the company. I just wish I knew what my background check results look like because Im really starting to give up hope on myself as Im falling deeper in my depression. I need help by going back to work for my overall wellness.

Im a very hard worker and very experienced especially in retail pharmacy, healthcare admin, and customer service. If you can direct to the right resource tools to help myself I would be so grateful. I need a job and no one will hire me.

So, my core question is...
How can I perform my own background check to see what potential employers see?

Thanks for your time and attention,

When I do a background check I check state and local court systems for criminal records, I check the credit bureau for bad credit references and I check with the references given to me by the candidate. If I do a thorough background check I pay an agency to check criminal activity nationwide. This would only be for a postion in power or finance.

Most of the time all I get from employers is the starting date of the employee, the position worked, and the termination date. Once in a while they will give me salary information. Other than that not much else is given. I will only give out the above informaton on a former employee and I will not give out salary information.  We do say whether or not they are eligible for rehire...yes or no. We do not elaborate on the reason.

I really doubt that the background check is the reason you are not getting the jobs. Background checks are usually only done after the job offer has been extended. References are checked for candidates in the top 3 contending positions.

I would have a professional look at my resume and cover letter and make sure they are good. That is the most important item in obtaining a job. I would than find someone to do a mock interview with. Some Department of Labor offices have mock interviews to home interviewing skills. An interview my appear to have gone well when in reality it has not. We never let on during an interview if the candidate is not doing a good job.

Search the internet for interview questions and how to answer them. Focus on experience and education. Be honest but stick to the facts during the interview. Dress in business attire when going for an interview. NEVER say bad things about a former employer...Just dont go there. Keep small talk to a minimum and stay professional. No one wants to hear about your divorce, or your 5 children and all their soccer games. Try to answer each question truthfully and with good examples. If you don't know the answer just say I can't think of an answer right now. Explore the company before going to the interview and be able to tell the interviewer about thier company and how you would fit in that company and why. They want to know what you can bring to their company and that you will stay around for a while. They are always looking for new and fresh ideas on how to better the company.

It is a competitive job market right now. There are more candidates for every job than there are jobs to be filled. You have to make yourself stand out above the rest of the candidates with experience, education and enthusiasm for your potential position. Be excited to be there for the interview, express interest in the company and in the job offering.

You can make sure your criminal record is good by checking the repositiory in your state, check your credit report on annual credit report for free you are allowed 2 in a year free and make sure your resume is in order and that you are well prepared for an interview. This is all you can do to prepare.


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Shirley McAllister, CPP, PHR


I can answer questions about payroll laws and payroll tax laws and Human Resource laws and agencies. I can answer federal payroll and human resource law questions and most states; I do not have a knowledge of the local taxes for cities and counties within the state. If and when I can I will try and send you the website where you can reference the answer and where you can obtain more information as well as a contact number if needed for that particular agency. Some agencies I have worked with are IRS, Department of Labor (federal and state), Revenue Canada (and provincial governments), Inland Revenue, OSHA (0ccupational Safety and Health Administration); Social Security Administration and National Child Support as well as other agencies in Payroll and Human Resources. Some Laws I am particularly familiar with are FLSA (Fair Labor Standards Act), ADA (Americans With Disabilities Act), FMLA (Family Medical Leave Act) COBRA (Consolidated Omnibus Reconciliation Act ) , QDRO's, QMCSO's, and other support orders and garnishments, USERRA (Uniformed Services Employment and Remployment Rights Act,PPA Act (Pension Protection Act of 2006, As well as most other employment type acts. I am also well versed in the Title V Civil Rights Act and the HIPAA (Health Insurance Portability and Accountability Act).


30 years in Payroll and Human Resources

SHRM (Society of Human Resources) APA (American Payroll Association) DOLEA (Department of Labor Employers Association) CPA (Canadian Payroll Association) NAPW (National Association of Professional Women) The Mentoring Network

PHR Certification in Human Resources CPP Certification in Payroll in U.S. Payroll Administrator and Payroll Supervisor certification in Canada

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