Question:

Dear Donna,

I had a contract with a travel-nursing agency that got cancelled. My last paycheck did not include my housing and weekly stipend or the last half of my travel allowance. When I called to find out why, the recruiter told me they are charging me for the background check, along with the cost of finding a nurse to replace me. I have never heard of a company charging an employee for a background check that they require. Is this legal and what are my options? I demanded the specifics of what they are actually charging me, but they did not reply. I contacted the state labor board, along with the federal labor board. They suggested I contact the board in the state where the company is located, which I plan to do. Is there anything else I can do or anyone else I can contact? I would really appreciate some advice. I cannot afford to hire an attorney or even pay my bills.

Tricia

Dear Donna replies:

Dear Tricia,

It is always challenging for me to respond to this type of question without knowing all the details, including why your contract was cancelled or what type of agreement you signed. It certainly is not customary for an employer to charge any pre-employment fees, including a background check, to an employee unless you signed something to the contrary.

Contacting the labor board is the best thing to do to see what your rights are. Since you state you cannot afford an attorney, you can contact a local legal aid society to see if you are eligible for free or low-cost legal services. Do an Internet search to find the nearest office.

You can also contact the Better Business Bureau in the area where the agency is located for help in getting a response. They may or may not be able to help you, but it doesn't hurt to try.

Regarding your personal financial situation, contact a local church or the Salvation Army for help. There are many agencies and entities that will provide temporary assistance to those in need who ask. There is always a way.

Best wishes,
Donna