Background Check by Waffle House Might Violate FCRA Rules

Background checks by Waffle House to look into potential employees allegedly violate the Fair Credit Reporting Act (FCRA) rules.

Many employers perform background checks on potential employees to see if there is a criminal background that would be of concern. However, potential employers must follow the FCRA rules, which include allowing the job applicant to amend any false information.

Waffle House is accused of denying employment because of information discovered in background checks, but not providing a copy of the background check to the potential employee as required under FCRA rules.

Background Check by Waffle House Violates Several Provisions

The handling of pre-employment background checks is regulated by law. Among the requirements, a background check by Waffle House needs to include several notices to potential employees.

First of all, employers are required to notify job applicants that a background check will be conducted. This pre-authorization notice needs to appear on its own paper to ensure the job applicant sees and acknowledges that the background check will be done.

This notice cannot be added to the application page or to any other pre-employment document.

If the potential employee will be denied employment (or if a current employee will be fired) because of information uncovered in the course of a background check, the employer is required to inform the job applicant of this decision.

The employer is also required to give a copy of the background check results to the employee, along with a current copy of the Federal Trade Commission’s publication, “A Summary of Your Rights Under the Fair Credit Reporting Act.”

According to the rules of the Fair Credit Reporting Act, a background check by Waffle House also should provide the job applicant with the name and contact information of the reporting agency that completed the background check.

This enables the potential employee to contact that agency and start corrective measures of any inaccuracies.

As part of this process, the job applicant should be able to obtain an additional report at no charge within 60 days.

Background checks by Waffle House are completed by a third-party reporting agency called PublicData, which according to one recent lawsuit, is “a shady, off-shore consumer reporting agency” that violates “the FCRA in numerous ways” by “providing slipshod consumer reports for literally ‘pennies’ on the dollar.”

Even a note on PublicData’s website states that the company does not follow FCRA rules and regulations. The website includes this statement: “PublicData.com does not constitute a ‘consumer report’ as that term is defined in the Fair Credit Reporting Act (FCRA).”

If you were denied employment because of a background check by Waffle House between October 2010 and today, but were not provided the required documentation, you could be eligible for compensation through a class action lawsuit.

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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