In our employee manual, it states that First Hawaiian Inc. reserves the right to fire anyone, at any time, for any reason unless they are a contractual employee. I am an "at will" worker, not a contractual employee, so I understand I may lose some civil rights. But recently, we got a memo asking us to sign a form allowing the company, "now and in the future, to check my credit history and to obtain consumer reports from consumer reporting agencies for employment purposes." Does First Hawaiian have the right to fire an employee for bad credit? Is my husband's credit any of their concern? Isn't this violating our privacy? Can they prove that bad credit affects work performance? Do I have to sign it? How can I protect myself as an employee and as a private citizen? Sharing credit history
with employer is voluntarySigning the form was "completely voluntary for employees," said Sheila Sumida, senior vice president of Human Resources for First Hawaiian. "No action is being taken against those employees who declined to sign the form."
It's not known how many people refused to sign the forms.
"Some just didn't get turned in," said bank spokeswoman Lisa Halvorson.
The forms were sent out as a result of amendments to the federal Fair Credit Employment Act that took effect Sept. 30.
Among other things, there are new provisions affecting employers who access credit information for employment purposes, said
Jo Ann Uchida, executive director of the state Office of Consumer Protection.
For instance, an employer who is about to take adverse action (such as termination) must give an employee a "pre-adverse action disclosure that includes a copy of the individual's credit report and a copy of a Summary of Rights," Uchida said. The employer cannot get a report without the employee's written permission. Also, before taking adverse action, the employer must give notice that action will be taken.
With the forms, First Hawaiian meant to let employees know about the new requirements "and to obtain advance permission" for subsequent reports, "without notice when investigating suspicions or allegations of employee wrongdoing," Sumida said.
An employee would not be fired solely for a bad credit report, she said.
"However, a troubled credit history may be important if a job applicant is considered for a financially sensitive position," Sumida said.
Regarding your general concerns about privacy, Uchida said she would do what you have done: "Ask a lot of questions."
It's important to evaluate every request for personal information, she said, "including mundane things like warranty surveys, contest entries, store surveys that ask you for your zip code or phone number every time you make a purchase, grocery club cards, etc."
"Inevitably, the disclosure of a lot of the information requested is optional," Uchida said.
If you are still concerned, she suggested talking to an employment lawyer.
"The parameters of an employee's rights of privacy in general continue to evolve in the courts and in legislation," Uchida said.
To a customer at the Aloha Airlines cargo office and to Caroline, who works there. Caroline allowed me to assemble a carrier for my dog and leave it at the office while I went home to get my dog (both couldn't fit in the car at the same time). The customer saw me struggling with the carrier, offered help and actually ended up doing the entire job! -- Mrs. D.L. Stephens Mahalo
To the person who turned in my bag to Kapiolani Medical Center Sept. 23. This bag contained my cellular phone and other items stolen from my truck the day before. I wish I could thank you personally. -- Grateful Citizen Mahalo
