A Florida man has filed a Waffle House background check class action lawsuit alleging the 24-hour diner chain improperly communicated about and failed to provide disclosure forms for conducting job applicant’s background checks.
Plaintiff William Jones filed the Waffle House background check class action lawsuit against the popular 24-hour diner chain in October 2015.
Jones alleges that although he had worked at Waffle House restaurants “without issue” since 1988, when he reapplied for a position at a Waffle House in Florida in December 2014, he was denied a job based on a background probe that returned a record of criminal convictions.
Specifically, the lawsuit states the restaurant failed to disclose that a pre-employment background check would be conducted, and after deciding not to hire Jones, Waffle House didn’t provide him notice about the consumer reporting agency used and other information required by the federal law.
These alleged actions violate the Fair Credit Reporting Act (FCRA), according to the Waffle House background check class action lawsuit.
About The FCRA
The Fair Credit Reporting Act (FCRA) was enacted in 1970 to protect consumer rights. It stipulates specific procedures that must be followed by businesses, organizations or other entities when acquiring consumer reports that will be used to make employment, credit, housing and various other decisions.
The FCRA presents strict laws regarding the use of consumer reports for employment background checks. The Act dictates that employers must obtain permission from applicants before they start screening, provide each person with a copy of their background report, and offer an opportunity for individuals to dispute the contents of their report.
There are also numerous regulations regarding how the data in a background report can be collected. Some data sources are acceptable for use in background checks, but others are not. For example, the data provided by public records websites cannot legally be used for screening purposes.
Additionally, employers must notify the applicant after they’ve been denied employment.
Jones claims that Waffle House violated all these tenets when he applied for and was subsequently denied a job in December 2014
He seeks to represent a nationwide class of Waffle House job applicants who were not hired, between October 2010 and March 2015, with potential members numbering in the thousands, according to documents produced by Waffle House and its former background check agency, The Source For Public Data LP, which is also a named defendant in the Waffle House background check class action lawsuit.
According to the complaint, Jones is seeking a jury trial and an undisclosed amount of damages.
If you were denied employment by a Waffle House restaurant because of a background check at anytime from October 2010 to the present, but were not provided the proper notices, you may be eligible to join a class action lawsuit or file an individual lawsuit against Waffle House.
The Waffle House Background Check Class Action Lawsuit is Jones v. Waffle House et al, Case No. 6:15-cv-01637-RBD-DAB in the U.S. District Court for the Middle District of Florida, Orlando Division.
Join a Free Waffle House Background Check Class Action Lawsuit Investigation
If at anytime since October 2010 you were denied employment at a Waffle House restaurant because of a background check, you may qualify to participate in a Waffle House background check class action lawsuit. It’s absolutely free to participate, so act now!
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