Did a company perform a background check on you as part of the pre-employment process?
The employer may have violated federal law under the Fair Credit Reporting Act (FCRA).
It is not illegal for companies to perform background checks as part of the pre-employment process when looking to hire new workers. However, federal law lays out very specific instructions that companies must follow as part of that process.
If a company performed a background check on you as part of the pre-employment process in the last 5 years, an experienced employment attorney can determine if the employer was in compliance with federal law regarding such background checks.
See if you qualify to join this employee background check class action lawsuit investigation by filling out the free form on this page.
Frequently Asked Questions: Employee Background Checks
Why are employee background checks performed?
An employer may decide to perform a background check on a new hire or employee to make sure that there aren’t any issues that might disqualify the person from the job or position they are seeking. This might be necessary if the job requires handling money or sensitive information.
Does the employer need to tell the applicant about the background check?
Before the employer can obtain a consumer report about the applicant, the applicant must be informed in writing in a stand-alone document. In other words, the notification cannot be buried at the bottom of a job application. The employer must state that the information found in the consumer report may be used in deciding whether or not the company will hire the applicant. The applicant must then provide written consent, which can be done through the notification document.
Does the employer need to tell the applicant the results of the employee background check?
Before an employer can take an adverse action based on something found in the background check, the applicant must be sent a notice of the possible decision and include a copy of the consumer report and a copy of A Summary of Your Rights Under the Fair Credit Reporting Act.
This gives the applicant a chance to respond if there is something in the report that is inaccurate.
Employee Background Check Class Action Lawsuits
Several class action lawsuits have been filed against companies for failing to comply with the rules laid out in the Fair Credit Reporting Act that they must follow when obtaining background checks on new hires or existing employees. Some of these background check lawsuits have resulted in large settlements.
If a company performed a background check on you as part of the pre-employment process in the last 5 years, an experienced employment attorney can help you determine if the employer complied with federal rules during that process.
Learn more by filling out the free form on this page.
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