Waffle House Class Action Lawsuit Alleges FCRA Violations

The Waffle House restaurant chain is facing legal action for allegedly performing background checks on potential employees, and then denying employment to the applicant without giving the individual any chance to correct any information.

This act is deemed illegal according to allegations, as the Waffle House applicants are not given any notification of the background check and denies them the chance to correct any possible false information.

This conduct has ultimately resulted in a plaintiff filing a Waffle House class action lawsuit, stating these actions may have violated the Fair Credit Reporting Act (FCRA).

Overview of Waffle House Class Action Lawsuit

Lead plaintiff William Jones filed the Waffle House class action lawsuit stating that the restaurant chain had conducted background checks on him and other potential employees, but did so in an illegal manner.

Jones states that Waffle House routinely obtains background reports on potential employees as part of the hiring process, while allegedly failing to comply with state and federal policies.

He states that Waffle House had violated the FCRA in a number of ways, by failing to disclose the applicants priors to conducting the background checks.

In addition, Waffle House also has an obligation to individually assess the potential employee for the job applied for.

Under the FCRA, employers using consumer reports or background checks must notify or provide disclosure to the applicants before doing so.

According to the Waffle House class action lawsuit, the restaurant had failed to provide a copy of the background check notification or the current versions of the FCRA Summary of Rights.

In the Waffle House class action lawsuit, Jones had applied for employment in the Waffle House in December 2014.

As part of the hiring process, a background check had been conducted and Jones had been allegedly denied the job.

The background check had been conducted using PublicData, a “shady, off-shore consumer reporting agency” that violates “the FCRA in numerous ways,” the lawsuit alleged.

The company allegedly provides “slipshod consumer reports for literally ‘pennies’ on the dollar,” unfairly eliminating chances of employment for the applicant.

Under the Fair Credit Reporting Act (FCRA), Waffle House was obligated to provide Waffle House job applicants with the following notices:

• Pre Authorization Notices: All employers must notify job applicants before conducting background checks. This notification must be presented on its own single sheet of paper and can not be included as additional information on the job application
• Adverse-Action Notice: If an employer is going deny the applicant employment based on the background check, employers are obligated to notify the applicants.
• Other Information: If the employer decides to use background check information against the applicant for adverse reasons, the employer must provide the applicant with the name and contact information of the reporting agency that performed the background check.

Under the FCRA, job applicants may file a background check lawsuits for a maximum of $1,000 in statutory damages against employers.

The Waffle House class action lawsuit brings claims against the restaurant chain for violating the FCRA, and may be applicable to other applicants who were denied employment. Potential claimants should contact a specialized lawyer, to determine eligibility.

The Waffle House Class Action Lawsuit is William Jones v. Waffle House Inc., Case No. 6:15-cv-1637-Orl-37-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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