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Question
Posted by: Mnini | 2010/10/28

bad debt vs being fired

Hi, my husband works for a financial institution, which required a clean credit record when he was hired. At the time of his employment he was clean, and has now been working for the company for 5 years. During this period we ran into a bad patch, and have become blacklisted with a few creditors. My husband now has the option of taking a company car, which would require a clean ITC record - my question is, if his company discovers that he has a bad credit record, obviously he will not qualify for the company car right? if so, that is understandable. However, can the company also use this ITC information again my husband and therefore fire him? in other words, now that he''s no longer " credit worthy" , can they dismiss him because he is working for a financial institution, and this was part of his original employment contract? We have read his contract and it does not state anything about credit records after being employed, so we are not sure where we stand on the issue. He is too scared to apply for the company car in case they discover his bad credit record, and therefore use it against him as a dismissal. Would this be legal?

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Our expert says:
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Re: Bad debt vs being fired

Your husband needs to investigate the terms and conditions of employment to see whether in fact there is a condition whether you have to have a clean record before taking a company car. They can't dismiss him for the bad record

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Our users say:
Posted by: Nini | 2010/11/01

They specified that this is part of the procedure. Company care is optional, as it''s a new policy introduced to the company, and thopse who wish to take it will go through an " application"  process. Sounds funny to me, but this is what they say.

Reply to Nini
Posted by: Bozo | 2010/11/01

Nini , in our Company the company purchase the vehicle cash. They then deduct the portion from the drivers salary, and never was an its check done.Did they actually confirm that all company car drivers need to be itc checked.

Reply to Bozo
Posted by: Nini | 2010/11/01

yes they do, but he will be listed as the person responsible for the vehicle, and he also pays a portion towards the car, so therefore they require an ITC check. Car belongs to the company, but he pays a % of the vehicle, and after 3 years has option to purchase.

Reply to Nini
Posted by: Bozo | 2010/11/01

Surely if its a company car, the company will purchase the car in the company name.

Reply to Bozo
Posted by: Nini | 2010/10/28

It states that he must have a clean credit record in order to apply for a job within a financial institution. He is already employed there, so is it still applicable then?

Reply to Nini
Posted by: Whena | 2010/10/28

What does his employment contract state?

Reply to Whena
Posted by: Mnini | 2010/10/28

well he has moved within the companu to 2 different departments already, and both times they didnt do an ITC check stating that it was not necessary as it was already done before. However, applying for the car finance does require them to do the ITC check, which will mean them now becoming aware of his financial situation. We are so worried at this stage as we need the company car.

Reply to Mnini
Posted by: Whena | 2010/10/28

Depends on what his employment contract says. If it states that he must at all times have a clean ITC they can move him to another position etc but fire -NO

Reply to Whena

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