Waffle House Employment Background Check Raises Questions

The Waffle House, a popular 24-hour diner chain, is facing a lawsuit regarding its use of background checks in the hiring process.

Critics say that the Waffle House employment background check violates the Fair Credit Reporting Act (FCRA) in many ways.

One individual, a Florida man, has decided to fight back and has filed a Waffle House employment background check lawsuit against the restaurant.

According to the lawsuit, Waffle House did not inform the Florida man that a background check was taking place and they did not let him know they might not hire him based on his credit.

Specifically, the lawsuit notes that after Waffle House failed to disclose that a pre-employment background check would be conducted, and decided not to hire him, the restaurant did not give him the proper notices required by law in this situation.

In 1970, the Fair Credit Reporting Act (FCRA) was put in place to create protections for consumers.

Among other things, it lays out specific procedures that must be followed by businesses and organizations when obtaining consumer reports that will lead to make employment, credit and housing decisions.

Under the FCRA there are strict laws regarding the use of consumer reports including the following:

• Employers must obtain permission from applicants before they run a background check
• Employers must provide each individual with a copy of their background check
• They must allow the applicant an opportunity to dispute the contents of the report
• Employers must provide proper notices to potential employees
• Employers must notify the applicant after they have been denied employment, and
• Employers must adhere to government regulations regarding use of certain types of data for screening purposes.

The Florida man who was denied employment after a Waffle House employment background check claims that he was employed at Waffle House restaurants without a problem for many years.

However, he reapplied for a position at a Florida Waffle House nearly two years ago and was denied because a background check revealed a criminal record.

He believes that Waffle House violated the Fair Credit Reporting Act in his case and has filed a lawsuit in response.

The Florida plaintiff is attempting to represent a nationwide class of Waffle House potential hirees who were denied employment between October 2010 and March 2015 including five subgroups. This potential class could number in the thousands.

The alleged offenses include withholding information about employee FCRA rights and not providing copies of background reports to potential employees.

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 Employment Background Check Class Action Lawsuit is Jones v. Waffle House, Inc. 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!

Get a Free Case Evaluation Now

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!

Get a Free Case Evaluation Now